Export Control (Meat and Meat Products) Amendment (2014 Measures No. 1) Order 2014

EXPLANATORY STATEMENT

Issued by Authority of the Minister for Agriculture

Export Control Act 1982

Export Control (Orders) Regulations 1982

Export Control (Meat and Meat Products) Amendment (2014 Measures No. 1) Order 2014

Legislative Authority

Section 3 of the Export Control Act 1982 (Act) defines prescribed goods as ‘goods, or goods included in a class of goods, that are declared by the Export Control (Orders) Regulations 1982 (Regulations) to be prescribed goods for the purposes of the Act’. Section 7 of the Act provides that the Regulations may prohibit the export of prescribed goods from Australia absolutely or to a specified place, or unless specified conditions or restrictions are complied with.

Regulation 3 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 (Meat and Meat Products) Orders 2005 (Principal Orders) are made under the Regulations. The Principal Orders regulate the export of meat and meat products and, in particular, the conditions and restrictions on their export.

Purpose

The purpose of the Export Control (Meat and Meat Products) Amendment (2014 Measures No. 1) Order 2014 (Amendment Order) is to amend the Principal Orders to:

• remove the redundant requirement for the use of tail tags to identify cattle for export to the European Union (EU)
• include a specific power to apply a disposition for meat and meat products that have breached the product integrity requirements to better manage integrity breaches
• harmonise the administrative provisions of the Principal Orders with those of the Export Control (Wild Game Meat and Wild Game Meat Products) Orders 2010 (Wild Game Meat Order) and Export Control (Poultry Meat and Poultry Meat Products) Orders 2010 (Poultry Meat Order), to enable a more consistent regulatory approach to the export of the different meat commodities and improve administrative efficiency
• update the reference to and reflect the requirements of the Australian Standard for the Hygienic Production and Transportation of Meat for Human Consumption (AS4696:2007) (2007 Australian Meat Standard)
• update the reference to the Australia New Zealand Food Standards Code (Food Standards Code)
• remove a number of penalties that are unlikely to be imposed
• require that inspections of EU accredited properties arranged by the Secretary of the Department under subclause 57.1 of Schedule 7 to the Principal Orders) are undertaken by authorised officers (appointed under section 20 of the Act)
• correct a number of grammatical and typographical errors in the Principal Orders.

Background

The Act, the Principal Orders and the Export Control (Prescribed Goods – General) Orders 2005 (Prescribed Goods Order) provide the legislative basis for regulation of the export of meat and meat products, setting the conditions and restrictions for exports. The Prescribed Goods Order focuses primarily on administrative functions that apply to all prescribed goods, whereas the Principal Orders focus on meat-specific conditions and restrictions.

Impact and Effect

The Amendment Order aligns the Principal Orders with the requirements of the 2007 Australian Meat Standard. The Amendment Order also harmonises the administrative provisions of the Principal Orders with those of the Wild Game Meat Order and Poultry Meat Order. This alignment will provide for a more consistent regulatory approach to the export of different meat commodities.

The inclusion of disposition powers to cover meat and meat products that have breached integrity requirements provides the Department with a more flexible and effective approach to manage integrity breaches (previously, excluding products from export was the only available option). The disposition powers enable the Department to apply appropriate risk management measures commensurate with the nature and severity of integrity breaches. This also potentially minimises costs to industry, as meat and meat products that have breached integrity requirements for export may still be able to meet requirements, if their integrity can be re-established by applying measures as provided by the disposition, provided they continue to meet the objectives of the Principal Orders.

The Amendment Order removes the requirement for the use of (lime green) tail tags for the identification of cattle for export to the EU, in response to a request made by industry. The use of these tail tags is no longer necessary because all cattle for export are to be identified using radio frequency identification devices for traceability purposes, as required under the National Livestock Identification System. The removal of the tail tag requirement eliminates the need to subject the animals to additional procedures and minimises occupational health safety concerns to industry due to unnecessary animal handling.   

Consultation

The Department consulted with the Australian Meat Industry Council (AMIC) in the development of these amendments.

The Office of Best Practice Regulation (OBPR) has advised that the amendments are minor or machinery in nature and therefore a Regulation Impact Statement is not required (OBPR Reference Number 16855).

The Amendment Order is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Amendment Order is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is contained in the Attachment.

Details of the Export Control (Meat and Meat Products) Amendment (2014 Measures No. 1) Order 2014

Section 1 – Name of Order

This section provides that the name of the Amendment Order is the Export Control (Meat and Meat Products) Amendment (2014 Measures No. 1) Order 2014.

Section 2 - Commencement

This section provides that the Amendment Order commences on 1 September 2014.

Section 3 – Authority

This section provides for the Amendment Order to be made under the Export Control (Orders) Regulations 1982.

Section 4 – Schedule(s)

This section provides that any instruments specified in Schedule 1 to the Amendment Order are amended or repealed as set out in the Schedule.

Schedule 1 - Amendments

Item 1 substitutes the word ‘authorized’ in paragraph 3.3(a) of the Principal Orders with ‘authorised’.

The purpose of the amendment is to correct a typographical error.

Item 2 inserts the words ‘the registration of establishments’ in paragraph 3.3(b) of the Principal Orders after the words ‘the approval of approved arrangements’. 

This amendment ensures that suborder 3.3, which specifies matters that the Principal Orders make provision for, is broad enough to include registration of establishments.

The purpose of the amendment is to reflect current operational practice regarding the registration of establishments under the Principal Orders for the preparation of meat and meat products.

Item 3 substitutes the note at the bottom of suborder 4.5 of the Principal Orders with a new note which incorporates references to subsections 8(3), 8A(1) and 8B(1) of the Act. 

The purpose of the amendment is to indicate the high penalty provisions for
non-compliance with Part 4 of the Principal Orders. Failure to comply with these conditions and restrictions may attract the high penalty provisions of the Act.

Item 4 substitutes the word ‘making’ in suborder 4.8 of the Principal Orders with ‘marking’. 

This purpose of the amendment is to correct a typographical error.

Item 5 substitutes the word ‘authorized’ in suborder 4.9 of the Principal Orders with ‘authorised’.

The purpose of the amendment is to correct a typographical error.

Item 6 substitutes suborder 5.2 of the Principal Orders with a new suborder 5.2 which provides that, unless expressly provided in the Principal Orders, the Export Control (Prescribed Goods — General) Order 2005 (Prescribed Goods Order) has no application to meat or meat products exported, or for export, for food.

The purpose of the amendment is to redraft suborder 5.2 with a clearer expression of how the Principal Orders and the Prescribed Goods Order interact. It also updates the list of provisions in paragraphs 5.2(a) and 5.2(b) of the Principal Orders that apply the provisions of the Prescribed Goods Order, which includes

• the previously omitted order 64
• the addition of new order 65A (see Item 49)
• paragraph 5.2(b) of Schedule 1 (see Item 82).

The intent of this provision has not changed.

Item 7 substitutes order 6 of the Principal Orders with a new order 6 which provides that unless the contrary intention appears, the 2007 Australian Meat Standard (other than clauses 3.1 to 3.10 and clauses 18 and 22) applies to meat and meat products to which the Principal Orders apply.

New order 6 replicates previous suborder 6.1, and omits the previous suborder 6.2, which is no longer required because the transport of meat and meat products to and from an establishment is regulated by relevant state legislation.

Item 8 amends the definition of ‘an amount that is payable to the Department’ in suborder 8.1 of the Principal Orders by substituting the word ‘resect’ with ‘respect’. 

This purpose of the amendment is to correct a typographical error.

Item 9 inserts a new definition of ‘audited person’ in suborder 8.1 of the Principal Orders. The new definition of ‘audited person’ provides that the audited person may be the occupier (paragraph 55.1(a)), the exporter (paragraph 55.1(b)), or the holder of the approved arrangement for the operations (paragraph 55.1(c)).  

The purpose of the amendment is to reflect amendments to the audit provisions of the Principal Orders (see Item 46).

Item 10 substitutes the definition of ‘Australian Meat Standard’ in suborder 8.1 of the Principal Orders with a new definition.

The purpose of the amendment is to update the reference in the Principal Orders to the Australian Standard for the Hygienic Production and Transportation of Meat and Meat Products for Human Consumption 2007. The amendment incorporates the current version of the Australian Meat Standard into the Principal Orders by reference.

Item 11 inserts a new definition of ‘exporter’ in suborder 8.1 of the Principal Orders. The new definition of ‘exporter’ is the person identified in an application for a permit to export meat or meat products as the exporter of the meat or meat products.

The purpose of the amendment is to consolidate the two definitions of ‘exporter’ in orders 48 and 76 by placing a single definition in the interpretation section of the Principal Orders (see Items 40 and 65). There is no change to the definition of ‘exporter’ for the purposes of the Principal Orders.

Item 12 substitutes the definition of ‘Food Standards Code’ in suborder 8.1 of the Principal Orders with a new definition.

The purpose of the amendment is to replace the previous definition, which relied upon the definition in the Australian Meat Standard. The new definition of the term ‘Food Standards Code’ expressly refers to the Australia New Zealand Food Standards Code as defined in section 4 of the Food Standards Australia New Zealand Act 1991. The note to the definition provides an internet reference to access the Food Standards Code.

Item 13 substitutes note 1 to the definition of ‘importing country requirements’ in suborder 8.1 of the Principal Orders with a new note 1. The amendment to the note provides a new internet reference to the Manual of Importing Country requirements (MICOR) published by the Department.

The purpose of the amendment is to update the previous internet address link.

Item 14 substitutes the reference to the Sea Installation Act 1987 in the definition of ‘installed’ in suborder 8.1 of the Principal Orders with an updated reference to the Sea Installations Act 1987.

The purpose of the amendment is to correct a typographical error.

Item 15 substitutes subparagraph (b)(ii) of the definition of 'occupier’ in suborder 8.1 of the Principal Orders with a new subparagraph (b)(ii). The new subparagraph is a redraft of the previous subparagraph to clarify that the occupier of an establishment is taken to be the person in charge of the operations for the preparation of meat and meat products at the establishment, if the identity of the operator of the business cannot be ascertained.

Item 16 substitutes the definition of ‘person who manages or controls’ in suborder 8.1 of the Principal Orders with the following:

person who manages or controls operations means:

(a)   a person who has or is to have authority to direct the operations, or an important or substantial part of them; or

(b)   a person who has or is to have the authority to direct a person mentioned in paragraph (a) in the exercise of that person’s authority.

The purpose of the amendment is to clarify the meaning of ‘person who manages or controls’ operations and make it consistent with similar definitions in the Wild Game Meat Order and the Poultry Meat Order. There is no change to the meaning of a ‘person who manages or controls’.

Item 17 substitutes the reference to the Sea Installation Act 1987 in paragraph (a) to the definition of ‘resource industry structure’ in suborder 8.1 of the Principal Orders with an updated reference to the Sea Installations Act 1987.

The purpose of the amendment is to correct a typographical error.

Item 18 substitutes the word ‘authorized’ in the definition of ‘veterinary officer’ in suborder 8.1 of the Principal Orders with ‘authorised’.

The purpose of the amendment is to correct a typographical error.

Item 19 substitutes the word ‘authorized’ in the note to the definition of ‘working day’ in suborder 8.1 of the Principal Orders with ‘authorised’. 

The purpose of the amendment is to correct a typographical error.

Item 20 substitutes the words ‘prescribed goods, premises, preparation’ in the note to the definition of ‘working day’ in suborder 8.1 of the Principal Orders with ‘premises, preparation, prescribed goods’. 

The purpose of the amendment is to place the definitions referred to in the note in the correct alphabetical sequence.

Item 21 substitutes the heading to order 9 of the Principal Orders with a new heading. The only change to the heading is substituting the word ‘authorized’ with ‘authorised’.

The purpose of the amendment is to correct a typographical error.

Item 22 substitutes each mention of the word ‘authorized’ in order 9 of the Principal Orders with ‘authorised’

The purpose of the amendment is to correct typographical errors.

Item 23 substitutes order 20 of the Principal Orders with a new order 20 relating to a decision by the Secretary not to apply provisions of the Principal Orders to meat and meat products.

New suborder 20.1 provides that order 20 only applies if a person makes an application under order 18 for a notice that the Principal Orders apply to meat and meat products.

New suborder 20.2 provides that the Secretary is taken to have made a decision not to give a notice under order 18 of the Principal Orders declaring that the Principal Orders apply to meat and meat products, if the Secretary has not made a decision within 30 days of receiving the application for a notice under order 18.

New suborder 20.3 provides that the Secretary must give written notice to each person concerned if the Secretary decides not to give a notice under order 18 of the Principal Orders (except because of suborder 20.2) .

New suborder 20.4 provides that a notice issued under suborder 20.3 must state the reasons for the decision and that a person whose interests are affected by the decision may apply for reconsideration of the decision.

The note at the end of order 20 is amended with the omission of the words ‘of these Orders’, providing a reference to Divisions I and II of Part 10 of the Principal Orders in relation to reconsideration of the Secretary’s decision.

The provision retains the intention of the previous order 20, for the Secretary to provide written notification, stating the reasons for the decision, if the Secretary decides not to give a notice to an applicant, under any other circumstances other than those provided by suborder 20.2.

The purpose of the amendment is to redraft order 20 for clarity and to reflect current operational practice.

Item 24 substitutes the word ‘complete’ in paragraph 21.2(a) of the Principal Orders with ‘incomplete’. 

The purpose of the amendment is to correct a typographical error.

Item 25 substitutes suborder 21.4 of the Principal Orders with a new suborder 21.4 which provides that a written notice under suborder 21.1 or 21.2 revoking or amending a notice given under order 18 must state the reasons for the decision and that the affected person may seek reconsideration of the decision.The new note provides a reference to Divisions I and II of Part 10 of the Principal Orders in relation to reconsideration of the Secretary’s decision.

The purpose of the amendment is to redraft suborder 21.4 for clarity and consistency with the relevant provisions in the Wild Game Meat Order and Poultry Meat Order. The intent of this provision has not changed.

Item 26 substitutes the reference to the Sea Installation Act 1987 in suborder 23.2 of the Principal Orders with an updated reference to the Sea Installations Act 1987.

The purpose of the amendment is to correct a typographical error.

Item 27 inserts a new suborder 24.1A after suborder 24.1 of the Principal Orders to set out the requirements of an application under suborder 24.1for an instrument of exemption specifying that the Principal Orders do not apply to meat and meat products. .

The application must:

• be given to the Secretary of the Department with a minimum period of 10 working days, or a shorter period permitted by the Secretary, before the proposed date of export or preparation of the meat or meat products
• specify the provisions of the Principal Orders from which the exemption is sought
• set out the reasons for seeking the exemption
• provide enough information to enable the Secretary to identify the meat or meat products including, if practicable, the information relating to an application for an export permit specified in subclause 1.2 of Schedule 8 to the Principal Orders.

The purpose of the amendment is to provide the requirements for an applicant to seek an exemption under suborder 24.1. New suborder 24.1A is consistent with the relevant provisions in the Wild Game Meat Order and Poultry Meat Order and is consistent with the disposition provisions in Division 2 of Schedule 5 to the Principal Orders.

Item 28 substitutes the words ‘is met’ in suborder 25.2 of the Principal Orders with ‘are met’.

The purpose of the amendment is to correct a grammatical error.

Item 29 substitutes the word ‘earlier’ in order 27 of the Principal Orders with ‘earliest’.

The purpose of the amendment is to correct a grammatical error.

Item 30 substitutes the reference to subsection 33A(3A) of the Acts Interpretation Act 1901 in the note to order 27 of the Principal Orders with an updated reference to subsection 33(3) of the Acts Interpretation Act 1901. 

The purpose of the amendment is to provide the correct reference for the power to revoke an instrument as set out in subsection 33(3) of the Acts Interpretation Act 1901.

Item 31 substitutes the note to suborder 29.2 of the Principal Orders with a new note which states that a breach of a level 5 penal provision is punishable by a fine of 50 penalty units. The purpose of this amendment is to update the language explaining penal provisions throughout the Principal Orders.

Item 32 substitutes note 1 to order 30 of the Principal Orders with a new note which states that a breach of a level 5 penal provision is punishable by a fine of 50 penalty units. The purpose of this amendment is to update the language explaining penal provisions throughout the Principal Orders.

Item 33 substitutes order 32 of the Principal Orders with a new order 32 which replicates existing suborder 32.1 (including the level 5 penalty provision) which requires that the occupier of an establishment must comply with the 2007 Australian Meat Standard. It inserts an additional note to clarify that the applicable requirements of the 2007 Australian Meat Standard are set out in order 6 of the Principal Orders.

New order 32 omits the previous suborder 32.2 (including the level 5 penalty provision) as the relevant requirements for transport of meat or meat products are provided for under Schedule 5 to the Principal Orders.

The purpose of the amendment is to redraft order 32 for clarity and to reflect current operational practice.

Item 34 substitutes order 33 of the Principal Orders with a new order 33 which replicates suborder 33.1 (including the level 5 penalty provision) relating to compliance with relevant requirements of the Principal Orders as listed in paragraphs 33(a) to 33(e).

New order 33 omits the previous suborder 33.2 (including the level 5 penalty provision) as the relevant requirements for transport of meat or meat products are provided for under Schedule 5 to the Principal Orders.

The purpose of the amendment is to provide clarity and to reflect current operational practice.

Items 35 and 36 substitute the words ‘in an establishment’ in orders 37 and 38 of the Principal Orders with ‘at an establishment’.

The purpose of the amendments is to correct typographical errors.

Item 37 substitutes the heading to order 40 with a new heading. The only change to the heading is substituting the word ‘premises’ with ‘establishment’.

The purpose of the amendment to ensure consistency of terminology relating to establishments across the Principal Orders.

Item 38 substitutes the words ‘in premises’ in order 40 of the Principal Orders with ‘at an establishment’.

The purpose of the amendment is as per Item 37 above.

Item 39 substitutes the word ‘premises’ in suborder 40(d) of the Principal Orders with ‘establishment’.

The purpose of the amendment is as per Item 37 above.

Item 40 repeals Division I of Part 5 of the Principal Orders as a consequence of the amendment made by Item 11 to insert the definition of ‘exporter’ into suborder 8.1.

Item 41 substitutes note 1 to order 49 of the Principal Orders with a new note which states that a breach of a level 5 penal provision is punishable by a fine of 50 penalty units. The purpose of this amendment is to update the language explaining penal provisions throughout the Principal Orders.

Item 42 substitutes order 50 of the Principal Orders with a new order 50 relating to return of export permits and government certificates.

New suborder 50.1 requires that if an export permit is revoked or a government certificate is cancelled, the exporter must return the permit or certificate to an authorised officer as soon as practicable, and must take reasonable steps to do so within 10 working days.

New suborder 50.2 requires that if an exporter abandons the intention to export meat or meat products, the exporter must notify an authorised officer of any relevant export permits and return any relevant government certificates as soon as practicable, and must take reasonable steps to do so within 10 working days.

The level 2 penal provision of the previous order 50 is omitted as well as note 1 and the reference to ‘working day’ in note 2 is also omitted.

The purpose of the amendment is to reflect the current operational practice of requiring every reasonable effort be made to return any permit or certificate that is no longer valid to an authorised officer or to notify an authorised officer that the meat or meat products will no longer be exported. New order 50 is consistent with the relevant provisions in the Wild Game Meat Order and Poultry Meat Order.

Item 43 substitutes the word ‘authorized’ in order 51 of the Principal Orders with ‘authorised’.

The purpose of the amendment is to correct a typographical error.

Item 44 substitutes note 1 to order 54 of the Principal Orders with a new note which states that a breach of a level 5 penal provision is punishable by a fine of 50 penalty units. The purpose of this amendment is to update the language explaining penal provisions throughout the Principal Orders.

Item 45 substitutes the word ‘authorized’ in note 3 to order 54 of the Principal Orders with ‘authorised’.

The purpose of the amendment is to correct a typographical error.

Item 46 substitutes Part 6 of the Principal Orders with a new Part 6 relating to audits of various operations with respect to meat and meat products, which are carried out by authorised officers or approved auditors.

The purpose of the amendments is to redraft the provisions of the previous Part 6 of the Principal Order to reflect current operational practice and maintain consistency with relevant provisions in the Wild Game Meat Order and Poultry Meat Order.

Division I – Performance of audits

New Division I of Part 6 includes provisions relating to the commencement, conduct and performance of audits.

Order 55 – Secretary may require audits

New suborder 55.1 provides that the Secretary may require an audit of the following operations:

• the preparation of meat or meat products at a registered establishment (by the occupier of a registered establishment)
• the export of meat or meat products (by an exporter or the occupier of a registered establishment)
• the certification of meat or meat products.

New suborder 55.2 sets out scope of an audit (which is at the discretion of the Secretary). An audit must relate to any one or more of the following:

• compliance with relevant requirements (i.e. requirements of the Act, the Principal Orders or an approved arrangement)
• all aspects of the operations
• all meat and meat products or only specified meat or meat products.

A new note to suborder 55.2 has been inserted to refer to order 34 of the Principal Orders for importing country requirements. An audit may be for the whole or part of the operations, or only part of the operations.

New suborder 55.3 provides that the Secretary may require a single audit or a program of audits. The Secretary may also require an audit of a particular registered establishment or exporter, or establishments included in specified classes.

New suborder 55.4 provides that the Secretary is not prevented from requiring additional, particular audits if they have required that a program of audits takes place.

The purpose of the amendment is to redraft order 55 to:

• provide clarity and reflect current operational practice
• make specific references to the operators of a registered establishment or exporters in paragraphs 55.1(a) and 55.1(b)
• include a new suborder 55.3 to clarify that an audit can relate to a specific audit or a program of audits
• include a new suborder 55.4 to clarify that additional particular audits may be required despite a program of audits being required.

Order 56 – Who may conduct audits

New order 56 provides that audits may be performed by authorised officers and approved auditors. An authorised officer is a person appointed by the Secretary of the Department under order 20 of the Act. An approved auditor is a person approved under Schedule 9 to the Principal Orders. An approved auditor may only perform an audit if the Secretary specifies so in writing.

The purpose of the amendment is to redraft order 56 for clarity and to correct a typographical error. The intent of this provision has not changed.

Order 57 – Purpose of audit

New order 57 provides that the purpose of an audit is to establish whether there is compliance with the specified requirements under paragraph 55.2(a) of the Principal Orders.

The purpose of the amendment is to provide clarity and a correct reference to new paragraph 55.2(a). The intent of this provision has not changed.

Order 58 – Notice of audit 

New order 58 details notice arrangements relating to audits. New suborder 58.1 provides that the Secretary need not give any notice of an audit. New suborder 58.2 provides that before the audit commences, the auditor must give the audited person a description of the scope of the audit. New suborder 58.3 provides that before an audit commences, the auditor must produce his or her identity card for inspection by the audited person, if the audited person requests for it.

The purpose of the amendments is to make order 58 consistent with equivalent provisions in the Wild Game Meat Order and Poultry Meat Order and to make clear that an audited person may request an auditor to produce his or her identity card prior to commencing an audit.

Order 58A – Audits must be conducted expeditiously

New order 58A requires audits to be conducted as expeditiously as practicable, and with as little interference as practicable to the operations concerned.

The purpose of the amendment is to make clear that an auditor is obliged to conduct an audit quickly and with as little interference as practicable to allow the operations to continue on through the audit, consistent with current operational practice and industry expectations.

Order 59 – Assistance must be provided

New order 59 clarifies the obligations of the audited person to assist an auditor. New suborder 59.1 provides that the audited person must assist as required by the auditor as is reasonably necessary to enable the auditor to perform the audit.

New suborder 59.2 sets out a non-exhaustive list of the matters that constitute assistance to an auditor, including providing information, allowing employees to be interviewed, observation of procedures, using equipment for the purpose of the audit and, if necessary, permitting equipment to be brought onto the premises for the purpose of the audit.

New notes 1 and 2 set out that a failure to provide assistance to an auditor as required by this order can have the following consequences:

• an occupier’s approved arrangement may be suspended or revoked (see paragraph 20.1(f) of Schedule 1 to the Principal Orders)
• an export permit or government certificate can be refused (see Division III of Part I of Schedule 8 and Part 2 of Schedule 8 to the Principal Orders).

The purpose of the amendment is to:

• provide clarity and consistency with the relevant provisions in the Wild Game Meat Order and Poultry Meat Order
• ensure consistency with the definition of ‘audited person’ as inserted in suborder 8.1 (see Item 9)
• specify that assistance to be provided under suborder 59.1 to an auditor may include access to relevant premises and vehicles (new paragraph 59.2(a)). This is consistent with the intent of order 59, which provides that an audited person must provide assistance that is reasonably necessary to enable the auditor to perform the audit.

Division II – Failure to comply and audit report

New Division II of Part 6 includes provisions relating to audit reports and failures to comply with audit requirements.

Order 60 – Notification and assessment of failures to comply

New order 60 provides the administrative procedures that are required when an auditor is of the opinion that there is a failure to comply with requirements set out in paragraph 55.2(a) of Part 6 of the Principal Orders .

New suborder 60.1 provides that if as a result of an audit, the auditor considers that there has been a failure to comply with a relevant requirement set out in paragraph 55.2(a) of Part 6 of the Principal Orders, the auditor must notify the audited person immediately and determine whether there has been a critical non-compliance.

New suborder 60.2 provides that if the failure(s) to comply is a critical non-compliance, the auditor must notify the Secretary immediately.

New suborder 60.3 defines a critical non-compliance. Generally, a critical
non-compliance is one where one or more of the objectives of the Principal Order (as mentioned in suborder 3.1) are jeopardised. Suborder 60.3 is not limited to the requirements to which the audit was originally meant to relate (i.e. the requirements specified for the purposes of paragraph 55.2(a)). Accordingly, if an audit is required to determine compliance with certain requirements, and the auditor considers that there has been a failure to comply with a different requirement, the auditor will be required to notify the audited person and, if there is a critical non‑compliance, notify the Secretary.

The purpose of the amendment is to redraft order 60 to clarify what constitutes a critical non-compliance and the requirements imposed on an auditor when the auditor considers there is a critical non-compliance. This also ensures that the Department has sufficient information to determine if the objectives of the Principal Orders are met. The intent of this provision has not changed.

Order 61 – Audit reports

New order 61 sets out the requirements for audit reports (i.e. the report completed by an auditor following the conduct of an audit). New suborder 61.1 provides that an auditor must make a written report of an audit and new suborder 61.2 provides that an audit report must contain information on the name of the auditor, the dates of the audit, its identity, nature and scope.

New suborder 61.3 provides that an audit report must state whether, in the auditor’s opinion, the audit was satisfactorily completed or ended before it could be satisfactorily completed, and if the applicable requirements mentioned in suborder 55.2 have been complied with. The auditor must also give reasons for their opinion.

New suborder 61.4 provides that an audit report must describe each failure to comply with any applicable requirement mentioned in suborder 55.2, state whether, in the auditor’s opinion, the failure to comply amounts to a critical non-compliance, and give reasons for the auditor’s opinion.

New suborders 61.5 and 61.6 set out that an audit report may contain the following additional information:

• identification of potential non-compliance with a requirement mentioned in paragraph 55.2(a) of the Principal Orders
• recommendations for action to be taken to address non-compliance, or the risk of potential non-compliance with a requirement
• recommendations for action to be taken to ensure that a failure to comply with a requirement does not recur
• recommendations for action to assess the effectiveness of action recommended by the auditor under paragraphs 61.6(a) to 61.6(c) of the Principal Orders.

The previous suborder 61 stipulated the minimum reporting criteria so that auditors could determine whether the requirements of the Act, the Principal Orders and the approved arrangement had been complied with. New order 61 will provide that an audit report must describe each failure to comply, and state if the failure is a critical non-compliance.

The purpose of the amendment is to provide clarity and for consistency with the relevant provisions in the Wild Game Meat Order and Poultry Meat Order.

The main change reflected in the amendment is to provide for the audit report to identify potential non‑compliance with a requirement in paragraph 55.2(a) and to take action to address non-compliance. The extension of an audit to identification and redress is consistent with current operational practice.

Order 62 – Audit reports must be given to Secretary

New order 62 provides that an audit report must be given to the audited person and the Secretary within 14 working days after the auditor completes the audit.

The main change reflected in new order 62 is that a timeframe of 14 working days is specified for which an audit report must be provided to the Secretary and to the audited person. This is consistent with current operational practice.

The purpose of the amendment is to provide clarity and for consistency with the relevant provisions in the Wild Game Meat Order and Poultry Meat Order.

Item 47 substitutes each mention of the word ‘authorized’ in suborder 64.2 of the Principal Orders with ‘authorised’.

The purpose of the amendment is to correct typographical errors.

Item 48 substitutes suborder 64.3 of the Principal Orders (including the notes) with new suborders 64.3 and 64.4 relating to the use of official marks and official marking devices.

New suborder 64.3 provides that an official mark must not be applied to meat or meat products or their packaging, or anything containing, inserted into or attached to, meat or meat products or their packaging unless the criterion in suborder 64.4 has been satisfied.

New suborder 64.4 provides that the prohibition in suborder 64.3 on altering or interfering with an official mark does not apply if:

• the alteration or interference is authorised or required by the Principal Orders.
• the person is an authorised officer or if they are acting in accordance with a direction of an authorised officer.
• the person is designated in the applicable approved arrangement as a person who may do the relevant act (i.e. to alter or interfere with an official mark) and the act is done in accordance with the approved arrangement.

Notes 1 and 2 to suborder 64.3 have not been amended and are reproduced in new suborder 64.4, except for making the correct reference to suborder 64.3 in note 2.

The purpose of the amendment is to redraft suborder 64.3 in broader terms and to make clear that the prohibition on altering or interfering with an official mark covers all official marks that may be associated with meat or meat products. It also reflects current operational practice and is consistent with the relevant provisions in the Wild Game Meat Order and Poultry Meat Order.

Item 49 inserts a new order 65A after order 65 of the Principal Orders which refers to an official mark that is the Departmental seal (order 13.14 of the Prescribed Goods Order prescribes the Departmental seal as an ‘official mark’ under section 3 of the Act).

New suborder 65A.1 provides that orders 64 and 65 of the Principal Orders do not apply to a Departmental seal. New suborder 65A.2 provides that a Departmental seal refers to an official mark as specified in order 13.14 of the Prescribed Goods Order.

The purpose of the amendment is to include a specific provision for the use of a Departmental seal as an official mark, which has not been previously included in the Principal Orders. New order 65A is reflects current operational practice and is consistent with the provisions of the Prescribed Goods Order.

Item 50 substitutes the word ‘authorized’ in order 67 of the Principal Orders with ‘authorised’.

The purpose of the amendment is to correct a typographical error.

Items 51 and 52 substitute the headings to Part 8 of the Principal Orders and Division I of Part 8 of the Principal Orders with new headings. The only change to the headings is substituting the word ‘authorized’ with ‘authorised’.

The purpose of the amendments is to correct typographical errors.

Item 53 substitutes the word ‘authorized’ in order 69 of the Principal Orders with ‘authorised’.

The purpose of the amendment is to correct a typographical error.

Item 54 inserts a new subparagraph 70.1(c)(iii) after subparagraph 70.1(c)(ii) of the Principal Orders to allow an authorised officer to apply a disposition (of the kind referred to in clause 7.2 of Schedule 7 to the Principal Orders) if the integrity of the meat or meat products is compromised.

The purpose of the amendment is to serve as a consequential amendment for the inclusion of new clause 7.2 in Part 1 of Schedule 7 to the Principal Orders (see Item 133). 

Item 55 substitutes each mention of the word ‘authorized’ in order 70 of the Principal Orders with ‘authorised’.

The purpose of the amendment is to correct a typographical error.

Item 56 substitutes the words ‘if paragraphs (a) or (b) apply – an authorized’ in paragraph 71(e) of the Principal Orders with ‘if paragraph (a) or (b) applies – an authorised’.

The purpose of the amendment is to correct grammatical and typographical errors.

Item 57 substitutes the word ‘authorized’ in suborder 72.1 of the Principal Orders with ‘authorised’.

The purpose of the amendment is to correct a typographical error.

Item 58 substitutes the words ‘the preparation transfer or loading of meat or meat products’ in paragraph 72.1(a) of the Principal Orders with ‘the preparation or transport of meat or meat products’. This provides that an authorised officer may inspect and retain any thing located at premises used for the preparation or transport of meat or meat products. 

The purpose of the amendment is for consistency with the definition of ‘preparation’ in section 3 of the Act as the definition of ‘preparation’ encompasses ‘loading’. The insertion of the word ‘transport’ replaces the word ‘transfer’. 

Item 59 inserts new orders 72A and 72B after order 72 of the Principal Orders which relates to application and removal of identification of authorised officers and handling of goods and other things that are identified at registered establishments.

New suborder 72A.1 provides that if an authorised officer retains, for the purpose of inspection, analysis, treatment, disposition or a similar purpose, anything found at premises, or anything found on or in a vehicle, an area, or a vehicle, then he or she may identify the thing, area, premises or vehicle by attaching to it a tag or a similar means of identification.

New suborder 72A.2 provides that only an authorised officer or a person acting under the direction of the authorised officer may remove a tag or other means of identification attached to a thing, area, premises or vehicle in accordance with suborder 72A.1.

New suborder 72B.1 provides that a thing, area, premises or vehicle identified and retained by an authorised officer in accordance to order 72A must not be interfered with, used, moved or further processed until the authorised officer has given approval to carry out such action. New suborder 72B.2 states that an approval under suborder 72B.1 need not be in writing.

The purpose of the amendment is to reflect current operational practice and maintain consistency with the relevant provisions in the Wild Game Meat Order and Poultry Meat Order.

Item 60 substitutes each mention of the word ‘authorized’ in order 73 of the Principal Orders with ‘authorised’.

The purpose of the amendment is to correct a typographical error.

Item 61 substitutes the heading to order 74 of the Principal Orders with a new heading. The only change to the heading is substituting the word ‘authorized’ with ‘authorised’.

The purpose of the amendment is to correct a typographical error.

Item 62 substitutes each mention of the word ‘authorized’ in order 74 of the Principal Orders with ‘authorised’.

The purpose of the amendment is to correct a typographical error.

Item 63 substitutes the heading to order 75 of the Principal Orders with a new heading. The only change to the heading is substituting the word ‘authorized’ with ‘authorised’.

The purpose of the amendment is to correct a typographical error.

Item 64 substitutes each mention of the word ‘authorized’ in order 75 of the Principal Orders with ‘authorised’.

The purpose of the amendment is to correct a typographical error.

Item 65 substitutes Division II of Part 8 of the Principal Orders with a new Division II providing for the directions powers of authorised officers.

The purpose of the amendments is to redraft the provisions of the previous Division II of Part 8 of the Principal Order to reflect current operational practice and maintain consistency with relevant provisions in the Wild Game Meat Order and Poultry Meat Order.

Division II – Directions powers of authorised officers

Order 77 – Directions to exporter

New order 77 is a consolidation of previous orders 76 and 77 to create a single provision relating to the power of an authorised officer to give directions to an exporter.

New suborder 77.1 provides that order 77 applies to meat or meat products for export for food other than those at a registered establishment engaged in the preparation of such meat or meat products. New suborder 77.1 replicates previous suborder 76.2.  Previous order 76.1 has been omitted as a consequence of the insertion of the definition of ‘exporter’ in suborder 8.1 (see Item 11).

New suborder 77.2 provides that an authorised officer may give the exporter of the meat or meat products concerned a direction to take, or not to take, specified action. The authorised officer may do so if the officer has reasonable grounds to believe that the meat or meat products are not wholesome or have deteriorated, or are not eligible for export or are not eligible for export to the country to which they are intended, or the integrity of meat or meat products is not assured. New suborder 77.2 replicates previous suborder 76.3.

New suborder 77.3 provides the four directions that an authorised officer may give, but without limiting the general power of an authorised officer to give directions as set out in suborder 77.2. These directions include:

• the movement of meat or meat products (including movement to specified premises)
• the retention, securing, identification, segregation, treatment, inspection, examination, sampling, condemnation, destruction, denaturing or other disposal of meat or meat products
• for the meat or meat products not be loaded onto a ship or aircraft
• action to be taken in relation to premises, equipment and vehicles used for meat and meat products.

New suborder 77.3 replicates previous suborder 77.2.

New suborder 77.4 provides that an authorised officer may give a direction under order 77 only if, in the opinion of the authorised officer, it is necessary or convenient to do so to ensure that one or more of the objectives specified in suborders 3.1 and 3.2 of the Principal Orders are met. New suborder 77.4 replicates previous suborder 77.1.

New suborder 77.5 provides that a direction under order 77 may be given orally or in writing and must specify the time period to comply with the direction. Where the direction is in writing, it must state that non-compliance with the direction is a criminal offence, which can attract up to the maximum penalty fine of 50 penalty units, and the current value of a penalty unit. The note to new suborder 77.5 indicates that the value of a penalty unit is fixed by order 4AA of the Crimes Act 1914. At the commencement of the Amendment Order, the value of a penalty unit was $170.

New suborder 77.6 provides that an authorised officer may amend or revoke a direction under order 77. If the direction is in writing, the amendment or revocation must be made by giving a further written notice to the person to whom the direction was given.

New suborder 77.6 is followed by a note which provides a reference to order 92 of the Principal Order, for when a direction is taken to be given to the exporter. New suborder 77.6 replicates previous suborder 78.3 and makes it clear that when a direction is provided in writing, a further written notice must be given to amend or revoke that direction.

Order 78 – Obligation to comply with directions

New order 78 provides that an exporter must comply with a direction issued by an authorised officer under order 77 and is a level 5 penal provision. The note to the order provides that a breach of a level 5 penal provision is punishable by a fine of up to 50 penalty units under regulation 4 of the Principal Regulations. New order 78 replicates suborder 78.1 except that it does not make specific reference to a written notice. This is to maintain consistency with the intent of new suborder 77.5, which provides for a direction to be given either orally or in writing.

The main changes reflected in the amendment are:

• to provide that a direction under order 77 can be given orally in addition to in writing, whereas previously, no specific provision is provided in relation to giving a direction orally;
• to provide that if a written direction is given, it must state that non-compliance with the direction is a criminal offence, which can attract up to the maximum penalty of 50 penalty units and the current penalty unit.

Item 66 substitutes the words ‘If the notice has effect then compliance with the procedure, standard or other requirement specified in the notice’ in suborder 79.4 of the Principal Orders with ‘If the notice has effect, compliance by the occupier with the procedure, standard or other requirement specified in the notice’.

The purpose of the amendment is to make clear that the occupier of a registered establishment to whom the notice is given under order 79 must comply with the procedure, standard or requirement as specified in the notice. The intent of this provision has not changed.

Item 67 substitutes the words ‘a variation is made to the approved arrangement’ in suborder 79.5 of the Principal Orders with ‘the occupier’s approved arrangement is varied’.

The purpose of the amendment is to make clear that suborder 79.4 only applies if the Secretary of the Department, after receiving an application from the occupier, gives a written notice to vary the approved arrangement. The intent of this provision has not changed.

Item 68 substitutes order 80 of the Principal Orders including its note with a new order 80 relating to application of the Principal Orders where an importing country does not require compliance.

New suborder 80.1 provides that the Secretary of the Department may, on written application by the occupier of a registered establishment, give the occupier a notice stating that a specified requirement of the Principal Orders does not apply to or in relation to meat or meat products of a specified kind prepared at the establishment to be exported to a specified country. This suborder retains the intent of previous suborders 80.1 and 80.2.

New suborder 80.2 provides that the written application by the occupier of a registered establishment must specify the requirement of the Principal Orders to which an exemption is sought for the meat or meat products, the kind of meat or meat products and the country to which the meat or meat products are to be exported. This suborder makes clear the information that is to be provided by the occupier of a registered establishment in the written application.

New suborder 80.3 provides that the Secretary may give a notice under suborder 80.1 only if satisfied on one of two grounds. Paragraph 80.3(a) provides, as the first ground, that the Secretary may give a notice if the Secretary is satisfied that the relevant importing country authority does not require the requirement(s) of the Principal Orders to be complied with.

Paragraph 80.3(b) provides, as the second ground, that the Secretary may give a notice if the Secretary is satisfied that all of the following three circumstances exist:

• an importing country requirement differs from the requirement of the Principal Orders
• compliance with an importing country requirement would not result in compliance with the requirement of the Principal Orders
• the occupier’s approved arrangement contains controls that achieve the importing country requirement.

This suborder retains the intent of previous suborders 80.2 and 80.3.

New suborder 80.4 provides that a notice under suborder 80.1 takes effect when it is given to the occupier or on a later day specified in the notice. This suborder replicates previous suborder 80.8.

New suborder 80.5 provides that if a notice under suborder 80.1 has effect, then a requirement of the Principal Orders specified in the notice as not applying does not apply to or in relation to meat and meat products of the specified kind prepared at the establishment to be exported to the specified country. This suborder retains the intent of previous suborders 80.4 and 80.5.

New suborder 80.6 provides that suborder 80.5 applies only while the establishment’s approved arrangement contains controls to achieve the importing country requirement. This suborder replicates previous suborder 80.6.

New suborder 80.7 provides that the Secretary may, by written notice to the occupier, amend or revoke a notice made under suborder 80.1. This suborder retains the intent of the previous suborder 80.7.

New suborder 80.8 provides the definition of a ‘requirement of these Orders’, which is only applicable to the operation of the provisions of order 80 of the Principal Orders. In order 80, ‘requirement of these Orders’ means a requirement of a document or of a provision of a Schedule that must, under Division II of Part 3 of the Principal Orders, be complied with by the occupier. This suborder replicates previous suborder 80.7.

New note to suborder 80.8 refers to clause 11 of Schedule 2 to the Principal Orders with respect to when importing country requirements must be specified in the approved arrangement. Clause 11 applies to those importing country requirements where compliance with the Principal Orders would not be sufficient to result in compliance with the importing country requirements.

The purpose of the amendment is to redraft order 80 for clarity and to reflect current operational practice. The main change is the addition of the provision (new suborder 80.2) requiring certain information to be included in the application made under suborder 80.1.

Item 69 omits the words ‘made under these Orders’ from suborder 82.1 of the Principal Orders. There is no change in the effect of the order as order 81 defines initial decision to mean ‘a decision made under these Orders’.

The purpose of the amendment is to correct a drafting error.

Item 70 substitutes paragraph 82.2(b) of the Principal Orders with a new paragraph 82.2(b) which provides that an application for reconsideration of an initial decision by the Secretary of the Department must be given to the Secretary within 28 days after the applicant receives notice of the initial decision. Subparagraph 82.2(b)(ii) allows the Secretary to extend the 28 day timeframe.

The purpose of the amendment is to provide clarity and for consistency with relevant provisions in the Wild Game Meat Order and Poultry Meat Order. The intent of this provision has not changed.

Item 71 substitutes order 83 of the Principal Orders with a new order 83 relating to reconsideration of initial decisions made by the Secretary of the Department under order 82.

New suborder 83.1 provides that on receiving an application made under order 82, the Secretary must reconsider the initial decision and make any decision, including the same decision that the Secretary may have made in the first instance. This suborder replicates the previous order 83.

New suborder 83.2 provides that the Secretary is taken to have decided at the end of the 30 days to re-make the initial decision if the Secretary has not reconsidered the initial decision within 30 days after an application under order 82 is made,.

The purpose of the amendment is to include a new provision in order 83 for when the Secretary has not reconsidered the initial decision within 30 days after the application is made.  This ensures that a decision is made for the purposes of a potential further appeal to the Administrative Appeals Tribunal. This provides consistency with relevant provisions in the Wild Game Meat Order and Poultry Meat Order.

Item 72 substitutes order 85 of the Principal Orders with a new order 85 relating to the Secretary of the Department providing advice of decisions and giving reasons.

New suborder 85.1 provides that the Secretary must give written notice of the Secretary’s decision under order 83 to the applicant for reconsideration of an initial decision. The Secretary must provide the written notice within 30 days after the day when the application is received, except for when the Secretary is taken to have remade the initial decision under suborder 83.2.

New suborder 85.2 provides that the notice must state the reasons for the decision as well as include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal by or on behalf of a person whose interests are affected by the decision for review of the decision.

This is consistent with section 27A of the Administrative Appeals Tribunal Act 1975 which provides that the decision-maker must give to any person whose interests are affected by the decision notice, in writing or otherwise, of the making of the decision and of the person’s right to have the decision reviewed. In giving that notice, the decision maker must have regard to the Code of Practice determined under order 27B of that Administrative Appeals Tribunal Act 1975.

The note provides that a failure to include a statement in the notice that an application may be made to the Administrative Appeals Tribunal for the review of a decision does not affect the validity of the decision.

New suborder 85.2 retains the intent of previous suborders 85.2 and 87.1, which provide that a notice of the Secretary’s decision under order 83 must include the reasons for that decision and inform of the right of the affected party to the review of the Secretary’s decision, subject to the Administrative Appeals Tribunal Act 1975.

The purpose of the amendment is to reflect current operational practice and maintain consistency with relevant provisions in the Wild Game Meat Order and Poultry Meat Order. The main changes reflected in the amendment are to:

• change the timeframe that the Secretary must give the applicant a written notice of the Secretary’s decision from within 45 days to 30 days
• provide that the Secretary need not give the applicant a written notice if a decision is made under suborder 83.2.

Item 73 repeals order 87 of the Principal Orders.

The purpose of the amendment is to remove order 87 as this provision has been incorporated in new order 85 (see Item 72).

Item 74 substitutes the word ‘authorized’ in suborder 91.1 of the Principal Orders with ‘authorised’.

The purpose of the amendment is to correct a typographical error.

Item 75 substitutes the note to suborder 91.4 of the Principal Orders with a new note which states that a breach of a level 1 penal provision is punishable by a fine of 10 penalty units. The purpose of this amendment is to update the language explaining penal provisions throughout the Principal Orders.

Item 76 repeals order 93 of the Principal Orders. This provision is spent as the repeals provided for in order 93 have already occurred.

Item 77 updates the references to clause 27 of Schedule 1 in suborder 94.1 of the Principal Orders to clause 26 of Schedule 1 as a consequence of the amendment being made by Item 82.

Item 78 updates references to paragraph 33.2(b)’ in suborder 94.3 of the Principal Orders with ‘paragraph 32.2(b) as a consequence of the amendment being made by Item 82.

Item 79 updates references to clause 28 of Schedule 1 at the end of the note to suborder 95.4 of the Principal Orders to clause 27 of Schedule 1 as a consequence of the amendment being made by Item 82.

Item 80 substitutes the heading to order 98 of the Principal Orders with a new heading The only change to the heading is substituting the word ‘authorized’ with ‘authorised’.

The purpose of the amendment is to correct a typographical error.

Item 81 inserts a new order 100 after Division V of Part 10 of the Principal Orders which deals with transitional matters for the Amendment Order.

New suborder 100.1 provides that amendments made by Schedule 1 of the Amendment Order apply in relation to acts, matters and things that occur after the commencement of the Amendment Order.

New suborder 100.2 provides that where a direction has been given under Division II of Part 8 of the Principal Orders before the commencement of the Amendment Order, it will continue to have effect as if it had been made under that Division prior to the commencement of the Amendment Order. This will ensure that directions given to an exporter to take necessary action to ensure that one or more of the objectives specified in suborders 3.1 and 3.2 are met can continue and remain valid.

New suborder 100.3 provides that where the Secretary has required an audit under order 55 of the Principal Orders before the commencement of the Amendment Order, the requirement will continue to have effect as if it had been made under the Order prior to the commencement of the Amendment Order. This will ensure that audits commenced before the amendments can continue and remain valid.

The purpose of the amendment is to make clear that any direction or requirement made prior to the commencement of the Amendment Order remains in existence.

Item 82 substitutes Schedule 1 to the Principal Orders with a new Schedule 1 which sets out how an establishment is to be registered and how an approved arrangement is to be approved. The preparation of meat and meat products must be carried out at a registered establishment for which there is an approved arrangement in effect (see Parts 3 and 4 of Schedule 1).

The registration of an establishment and the approval of an arrangement are generally applied for and granted together. The minimum requirements of an approved arrangement are prescribed by clause 11 of Schedule 2 to the Principal Orders. Item 82 also sets out a new table of contents for Schedule 1.

Part 1 – Registration and approval of arrangement

Division I – Application and Secretary’s decision

Clause 1 – Application for registration

New clause 1 of Division I of Schedule 1 provides for the occupier of an establishment to apply to the Secretary of the Department for both the registration of the establishment and the approval of an arrangement for the operations at the establishment. It retains the intent of the previous clause 1.

New paragraph 1.1(a) provides that the person who is to be an occupier of an establishment to be used for operations to prepare meat or meat products for export for food may apply to the Secretary for registration of the establishment and approval of an arrangement for the operations at the establishment. New paragraph 1.1(b) provides that an occupier of an establishment that is used for operations to prepare meat or meat products otherwise than for export for food but that proposes to use the establishment for operations to prepare meat or meat products for export for food.

New subclause 1.2 provides that an application must be made on an approved form and contain the information specified in the form as well as the information set out in subclause 2.1.

The purpose of the amendment is to redraft clause 1 for clarity and to reflect current operational practice. New clause 1 is also consistent with relevant provisions in the Wild Game Meat Order and Poultry Meat Order.

Clause 2 – Information to be contained in the application

New clause 2 specifies the information that must be contained in an application for the registration of an establishment and the approval of an arrangement. It retains the intent of previous clause 2 but with an added provision to subclause 2.1 and omission of subclause 2.2.

New subclause 2.1 provides that the application must contain the:

• applicant’s name and business address in Australia
• names and addresses of any partners (if the applicant is a partnership)
• names and addresses of the persons who are to manage or control the operations
• particulars of any serious offence of which the applicant or the persons who are to manage or control the operations have been convicted. However, this requirement is subject to the spent convictions provisions in Part VIIC of the Crimes Act 1914.

The variation from the previous clause 2.1 relates to the substitution of the word ‘occupier’ with ‘applicant’. New subclause 2.1 also provides that the following information be included in the application:

• the location and address of the establishment
• external boundaries of the establishment
• the name, home port and place in Australia where the ship can be inspected (if the establishment is a ship)
• particulars of the export operations and other operations likely to affect the export operations to be carried on at the establishment.

The note to new subclause 2.1 provides a reference to suborder 8.1 for the meanings of ‘convicted’, ‘corporation’, ‘person who manages or controls’ and ‘serious offence’.

New subclause 2.2 provides that an application must also be accompanied by an arrangement for the preparation of meat and meat products for export to be undertaken by the establishment. Alternatively, the arrangement can be made available for evaluation by the Secretary of the Department.

The purpose of the amendment is to redraft clause 2 for clarity and to reflect current operational practice. New clause 2 is also consistent with relevant provisions in the Wild Game Meat Order and Poultry Meat Order. The main changes reflected in the amendment are to:

• provide the additional information (as set out in paragraphs 2.2(h) to 2.2(k)) that must be contained in the application, which is consistent with current operational practice
• include a note to subclause 2.1 to clearly indicate words which are defined in suborder 8.1
• remove the previous subclause 2.2 of Schedule 1 as it has been covered by the new subclause 1.1 of Schedule 1.

Clause 3 – Assessment of application

New clause 3 provides for how an application for the registration of an establishment and the approval of an arrangement is to be assessed.

New subclause 3.1 provides that the Secretary of the Department may evaluate a proposed arrangement taking into account any guidelines issued to assist in the development of approved arrangements.

New subclause 3.2 provides the Secretary with power under subclause 3.2 to request in writing, for the applicant to provide the following that is reasonably required in order to make a decision on the application:

• further information or documents
• consent to inspection of premises, facilities, equipment, meat transport vehicles and essential services to be used in the operations
• a demonstration of the operations and procedures to be followed at the establishment, and consent to the use of a qualified person paid by the applicant in an inspection, evaluation or demonstration.

The purpose of the amendment is to redraft clause 3 for clarity and consistency with relevant provisions in the Wild Game Meat Order and Poultry Meat Order. The main change reflected in the amendment is to provide that the Secretary may make a written request for the applicant to provide further information or assistance that is reasonable in order to make a decision on the application under subclause 3.2, whereas previously no specific reference is made to the request being made in writing. The intent of this provision has not changed.

Clause 4 – Secretary’s decision

New clause 4 sets out requirements for the time in which the Secretary must make a decision on the application for registration of an establishment and the approval of an arrangement.

New subclause 4.1 requires the Secretary of the Department to decide on an application for the registration of an establishment and the approval of an arrangement within 60 days of receiving the application. It also provides that the 60 days period for the Secretary to make a decision excludes any period between the Secretary giving the applicant a notice in writing to request a matter referred to in subclause 3.2 and the applicant meeting that request.

New subclause 4.2 provides that the application for the registration of an establishment and the approval of an arrangement is deemed to have been refused if the Secretary has not made a decision within 60 days of an application being made.

The purpose of the amendment is to redraft clause 4 for clarity and consistency with relevant provisions in the Wild Game Meat Order and Poultry Meat Order. The intent of this provision has not changed.

Clause 5 – Secretary may register establishment and approve arrangement

New clause 5 provides the Secretary of the Department with the power to register an establishment and approve an arrangement if certain conditions are met.

New subclause 5.1 provides that the Secretary must register an establishment and approve an arrangement if they are satisfied that conditions in subclause 5.2 are met. The registration of an establishment or approval of an arrangement is effected by giving the applicant a certificate of registration or a written notice.

New subclause 5.2 provides the five conditions that the Secretary must be satisfied with in order to register an establishment and approve an arrangement.

The first condition is that the operations at the establishment will be conducted in a way that ensures that the requirements of the Act and the Principal Orders are met.

The second condition is that certain persons pass the ‘fit and proper person’ test. The matters to be taken into account in applying that test are set out in order 4.05 of the Prescribed Goods Order. The persons who must be fit and proper persons are the persons in whose name the establishment is to be registered, the persons who are to manage or control the operations, and in the case of a partnership, each partner.

The third condition is that all amounts payable to the Department in respect of the establishment must have been paid. This includes fees payable under the Export Control (Fees) Orders 2001 (Fees Orders), including fees for the establishment in respect of which a person other than the applicant is liable. Note 1 to subclause 5.2 refers to subclause 32.2 which relates to undertakings that may be entered into for an outstanding amount that deems the amount to have been paid.

The fourth condition is that the proposed arrangement meets the requirements of clauses 11 and 12 of Schedule 2 to the Principal Orders, which relate to approved arrangements. Amongst other things, an arrangement must make provision for each stage of production at the establishment, identify applicable importing country requirements, and document the system of controls to ensure that the requirements of Division II of Part 3 of the Principal Orders and importing requirements are met. An arrangement must also provide for compliance with the 2007 Australian Meat Standard, including the implementation of an appropriate food safety and quality assurance plan such as the Hazard Analysis Critical Control Point (HACCP) plan.

The fifth condition is that compliance with the controls specified in the arrangement will ensure that the requirements of the Act and Division II of Part 3 of the Principal Orders are met and that there is a sound basis for issuing export permits and government certificates for meat and meat products prepared at the establishment.

The purpose of the amendment is to redraft clause 5 for clarity and consistency with relevant provisions in the Wild Game Meat Order and Poultry Meat Order. The intent of this provision has not changed.

Clause 6 – Notice of decision not to register establishment and approve arrangement

New subclause 6.1 requires that the Secretary of the Department must give the applicant a written notice of a decision not to register an establishment and approve an arrangement, except if subclause 4.2 applies.

New subclause 6.2 provides that the notice must state the reasons for the decision and inform the applicant of his or her rights of review under Divisions I and II of Part 10 of the Principal Orders.

The main change reflected in the amendment is to provide that the Secretary need not give a written notice to the applicant if the decision is made under subclause 4.2 of Schedule 1 to the Principal Orders.

The purpose of the amendment is to redraft clause 6 for clarity and to reflect current operational practice. New clause 6 is also consistent with relevant provisions in the Wild Game Meat Order and Poultry Meat Order.

Clause 7 – Registration number

New clause 7 requires the Secretary of the Department to give a registration number to the applicant upon registration of the registered establishment.

The purpose of the amendment is to redraft clause 7 for clarity and consistency with relevant provisions in the Wild Game Meat Order and Poultry Meat Order. The intent of this provision has not changed.

Clause 8 – Copy of registration certificate to be supplied

New clause 8 requires the occupier of a registered establishment to prominently display a copy of the establishment’s certificate of registration. A breach of this clause is a level 1 penal provision (punishable by a fine of up to 10 penalty units).

The purpose of the amendment is to redraft clause 8 for clarity and consistency with relevant provisions in the Wild Game Meat Order and Poultry Meat Order. The intent of this provision has not changed.

Division II – Conditions and notification

Clause 9 – Registration may be subject to conditions

New subclause 9.1 allows the Secretary of the Department to register an establishment subject to conditions specified in the certificate of registration, and to vary or revoke those conditions and impose new conditions, through written notice to the occupier.

New subclause 9.2 provides that a condition must be for the purposes of ensuring that one or more of the objectives specified in suborders 3.1 and 3.2 of the Principal Orders are met.

The purpose of the amendment is to redraft clause 9 for clarity and consistency with relevant provisions in the Wild Game Meat Order and Poultry Meat Order. The intent of this provision has not changed.

Clause 10 – Compliance with undertaking is a condition of registration

New clause 10 provides for a statutory condition on the registration of an establishment being that a mandatory condition of the registration of the establishment is that an undertaking that has been given for the payment of a debt under clause 32 must be complied with. The note to clause 10 states that a failure to pay debts may result in the suspension or revocation of the registration (see clause 19).

The purpose of the amendment is to redraft clause 10 for clarity and consistency with relevant provisions in the Wild Game Meat Order and Poultry Meat Order. The intent of this provision has not changed.

Clause 11 – Secretary may approve arrangement subject to conditions

New subclause 11.1 allows the Secretary of the Department to approve an arrangement subject to conditions as specified in the notice of approval, and to vary or revoke those conditions and impose new conditions, through written notice to the occupier.

New subclause 11.2 provides that a condition must be for the purposes of ensuring that one or more of the objectives specified in suborder 3.1 and 3.2 of the Principal Order are met.

The purpose of the amendment is to redraft clause 11 for clarity and consistency with relevant provisions in the Wild Game Meat Order and Poultry Meat Order.

Clause 12– Changes of which Secretary must be notified

New clause 12 sets out changes that the occupier of a registered establishment must notify the Secretary of the Department.

New subclause 12.1 provides that if:

• the occupier of an establishment has notified the Secretary of the Department of a change in the management or control of operations at the establishment or, if the occupier is a partnership, the change in the members of the partnership (order 4.16 of the Prescribed Goods Order), and
• the Secretary is satisfied that the person who manages or controls the operations is a fit and proper person having regard to the matters set out in section 4.05 of the Prescribed Goods Order

the registration of the establishment continues to have effect.

New subclause 12.2 provides that a person who manages or controls the operations carried on at a registered establishment must give the Secretary of the Department a written notice of any conviction of a serious offence within the specified timeframe. A breach of this clause is a level 1 penal provision (punishable by a fine of up to 10 penalty units).

New subclause 12.3 provides that the occupier of a registered establishment must provide, to any person who is appointed to manage or control the operations carried on at the registered establishment, written notice of the person’s obligation under subclause 12.2, including the penalty provision and the current value of a penalty unit for non-compliance. The written notice must comply with subclause 12.4.

New subclause 12.4 provides that the written notice given to a person under subclause 12.3 must set out the terms of, or have a attached to it a copy of, subclause 12.2, including the penalty provision and the notes to that subclause.

The purpose of the amendment is to redraft clause 12 for clarity and consistency with relevant provisions in the Wild Game Meat Order and Poultry Meat Order and remove previous subclauses 12.1 and 12.2, which are already set out in the Prescribed Goods Order.

Part 2 – Variation of registration and approved arrangements

This Part allows for the registration of an establishment or an approved arrangement to be varied.

Division I – Variation of registration

Clause 13 – Occupier may request variation

New subclause 13.1 allows the occupier of an establishment to apply for a variation of the registration of the establishment. A variation can be made for two purposes: to change the operations for which the establishment is registered or change the kinds of meat or meat products for which the establishment is registered. The note to subclause 13.1 makes a reference to clause 24, which provides that the occupier may request that registration be terminated.

New subclause 13.2 requires the Secretary of the Department to give the occupier a new certificate of registration if a variation is approved by the Secretary.

New subclause 13.3 provides that it is taken that the Secretary has decided not to approve the variation if the Secretary has not made a decision within 30 days after an application for a variation is made.

New subclause 13.4 provides that if a variation is not approved, the Secretary must notify the occupier in writing of the refusal and the reasons for the refusal, except if subclause 13.3 applies.

New subclause 13.5 provides that a notice of the decision of the Secretary must state the rights of the affected party for merits review under Part 10 of the Principal Orders.

The purpose of the amendment is to redraft clause 13 for clarity and to reflect current operational practice and for consistency with relevant provisions in the Wild Game Meat Order and Poultry Meat Order. The main changes reflected in the amendment are the addition of new subclauses 13.3, 13.4 and 13.5 to provide for the decision and notification process for the application.

Division II – Variation of approved arrangements

Clause 14 – Approved arrangements may be varied

New subclause 14.1 provides for the unilateral variation of an approved arrangement by the occupier of the relevant establishment, subject to the Principal Orders. However, clause 15 operates as an exception to the general rule in clause 14, requiring some variations to be approved by the Secretary of the Department.

New subclause 14.2 provides that the occupier must ensure that a record is made of each variation, including the statement of the reasons for the variation. The notes state that a failure to record a variation is punishable by up to 20 penalty units and refer to clause 7 of Schedule 2 to the Principal Orders for the requirements to keep documents.

The purpose of the amendment is to redraft clause 14 for clarity and consistency with relevant provisions in the Wild Game Meat Order and Poultry Meat Order. It makes clear that an occupier of a registered establishment may vary the approved arrangement, which is also consistent with clause 13. However, the intent of this provision has not changed.

Clause 15 – Variations requiring approval before implementation

New clause 15 requires certain variations to an approved arrangement to be approved by the Secretary of the Department (i.e. for these variations, unilateral action by the occupier of the establishment is not permitted).

New subclause 15.1 sets out the principal variations as those that have the potential to adversely affect compliance with the requirements of the Act and the Principal Orders or the wholesomeness or integrity of meat and meat products prepared at the establishment.

A third variation that requires approval is those that adversely affects the ability to make an accurate assessment whether there is compliance with the Act or the Principal Orders or the wholesomeness or integrity meat and meat products prepared at the establishment.

New subclause 15.1 provides that three variations to  not come into effect unless:

• the occupier has applied for and received an approval for the variation in writing from the Secretary
• the occupier has complied with any applicable conditions of the approved variation.

The notes to subclause 15.1 provide that:

• failure to seek and obtain approval for the variations set out in subclause 15.1 is an offence punishable by up to 50 penalty units
• all variations need to be recorded and variations not covered by clause 15 are to be considered by an auditor at the time of audit
• guidelines issued by the Secretary may be taken into account for assessment of a variation.

New subclause 15.2 deems certain variations as also requiring approval before implementation and to come within subclause 15.1, including those that identify a person who manages or controls operations at the establishment or that person’s functions under the Principal Orders and those that relate to alternative procedures, controls, standards or requirements for the purposes of meeting requirements of the Principal Orders or importing country requirements.

New subclauses 15.3 and 15.4 provide that the Secretary must provide in writing a notice of decision to the occupier if the Secretary decides not to approve the variation under clause 15. The exception is for when the Secretary has not made a decision within 30 days after an application for a variation is made under paragraph 15.1(d), for which it is deemed that the Secretary has not approved the variation.

New subclause 15.5 provides that a written notice of the Secretary’s decision must state the reasons for the decision and that a person whose interests are affected by the decision may apply for reconsideration of the decision. The note to subclause 15.5 provides a reference to Divisions I and II of Part 10 of the Principal Orders for the consideration and review of the Secretary’s decision.

New subclauses 15.6 and 15.7 provide that the Secretary may approve a variation subject to conditions that must be complied with before the variation comes into effect. These conditions must be for the purposes of ensuring that one or more of the objectives specified in suborder 3.1 and 3.2 of the Principal Orders are met in relation to the establishment.

The purpose of the amendment is to redraft clause 15 for clarity and to reflect current operational practice. New clause 15 is also consistent with relevant provisions in the Wild Game Meat Order and Poultry Meat Order. The main changes reflected in the amendment are the addition of new paragraph 15.1(f) and subclauses 15.3 to 15.7 to:

• provide that the variation does not come into effect unless the occupier has complied with any applicable conditions of the approved variation
• provide that a written notification must be provided to the occupier if the Secretary decides not to approve the variation, stating the reasons for the decision and the right of the affected party to seek a review of the decision. It also provides that if the Secretary has not made a decision within 30 days, then the Secretary is taken to not approve the variation, without having to issue that decision in writing
• clarify that the Secretary may approve a variation subject to conditions that must be complied with to ensure that one or more of the objectives as specified in suborders 3.1 and 3.2 of the Principal Orders are met before the variation comes into effect.

Clause 16– Variations required by Secretary 

New clause 16 enables the Secretary of the Department to require a variation to an approved arrangement. New subclause 16.1 provides that the Secretary may notify the occupier in writing that they must submit a variation to the approved arrangement, if the Secretary:

• considers that circumstances relating to the preparation of meat or meat products at the establishment
• considers that an importing country requirement has changed
• is not satisfied that compliance with the controls specified in the approved arrangement will ensure that applicable requirements under the Act and Division II of Part 3 of the Principal Orders will be complied with or that there will be sound basis for giving export permits and issuing government certificates for meat or meat products prepared at the establishment
• is not satisfied that compliance with the controls specified in the approved arrangement will ensure that there will be sound basis for giving export permits and issuing government certificates for meat or meat products prepared at the establishment

New subclauses 16.2 and 16.3 provide that the notice must describe the variation required and state the time within which the variation must be submitted, and that an occupier must comply with such a notice.

New subclause 16.4 requires the occupier to submit an application for approval of the variation under clause 15 (this is the effect of subclause 16.4) and the Secretary will decide the application for approval of the variation.

The purpose of the amendment is to redraft clause 16 for clarity and to reflect current operational practice. New clause 16 is also consistent with relevant provisions in the Wild Game Meat Order and Poultry Meat Order. The main changes reflected in the amendment are to make clear that:

• subclause 15.1 applies to a variation required under this clause (subclause 16.4);
• the Secretary may request a variation if the Secretary considers or is satisfied that any of the circumstances stated in paragraphs 16.1(a), 16.1(b) or 16.1(c) has occurred (subclause 16.1).

Clause 17 – When an arrangement includes a variation

New clause 17 facilitates the operation of variations to approved arrangements by providing that a variation to an approved arrangement is included in the approved arrangement. This means that, for example, compliance with an approved arrangement requires compliance with any variations to the approved arrangement.

The purpose of the amendment is to redraft clause 17 for clarity and consistency with relevant provisions in the Wild Game Meat Order and Poultry Meat Order. The intent of this provision has not changed.

Part 3 – Suspension and revocation

This Part allows for the suspension and revocation of the registration of an establishment or the approval of an arrangement. If a registration or approval is suspended or revoked, meat and meat products for export for food may not be prepared at the establishment (in accordance to orders 29 and 30 of the Principal Orders), and meat and meat products prepared at the establishment may not be exported (in accordance with orders 37 and 38 of the Principal Orders).

Division I – Suspension and revocation of registration

Clause 18 – When Secretary may suspend or revoke a registration

New clause 18 sets out circumstances in which the Secretary of the Department may, by written notice, revoke or suspend the registration of an establishment. General rules apply to suspensions and revocations (see Division III of Part 3 of Schedule 1 to the Principal Orders).

There are five grounds on which registration may be suspended or revoked. Only one ground needs to be satisfied for the suspension or revocation and the first four grounds depend on the Secretary having reasonable grounds to believe that a particular circumstance exists. The fifth ground depends on the actual existence of the circumstance.

The first ground is where the occupier or a person who manages or controls operations at the establishment is not a fit and proper person. Whether a person is a fit and proper person requires consideration of the factors set out in order 4.05 of the Prescribed Goods Order. In the case of a corporation, the question is whether the corporation is a fit and proper person; in the case of a partnership, the question is whether any member of the partnership is not a fit and proper person. If the occupier is a corporation or a partnership, each of the individuals who manages and controls operations at the establishment must also satisfy the fit and proper person test.

The second ground is where a condition of the establishment’s registration has not been complied with. For this ground, an undertaking to repay an amount to the Commonwealth is not a relevant condition.

The third ground is where the occupier or a person who manages or controls operations at the establishment (who must be a fit and proper person) has made a statement that is false or misleading or for which there is no sound basis. The statement must be made in the application for registration or in information given to the Secretary in relation to the registration or a condition of the registration.

The fourth ground is where the occupier has not made a document available to an authorised officer that the occupier is required to keep under the Principal Orders. For example, clause 7 of Schedule 2 to the Principal Orders requires occupiers to retain certain documents. A failure to comply with this provision could render the registration of the establishment liable to suspension or revocation.

The fifth ground is where the occupier of the establishment, or a person who manages or controls operations at the establishment, is convicted of a serious offence (serious offence is defined by suborder 8.1). The fifth ground does not depend on the Secretary’s reasonable belief. A serious offence must have actually been committed for a suspension or revocation on this ground.

New subclause 18.3 provides that a notice of revocation or suspension must state whether the revocation or suspension applies to the whole of the registration or to a specified extent. New subclause 18.4 provides that a suspension or revocation has effect from the day it is notified or, if specified in the notice, a later day.

New subclause 18.5 provides that the Secretary may revoke a registration that is suspended, even if it is suspended in part. This reflects current operational practice whereby a suspended registration may be revoked under this Division of the Principal Orders on grounds that are the same as or similar to the grounds for the suspension.

The purpose of the amendment is to redraft clause 18 for clarity and to reflect current operational practice. New clause 18 is also consistent with relevant provisions in the Wild Game Meat Order and Poultry Meat Order.

The addition of new subparagraph 18.1(a)(i) makes clear that the Secretary may suspend or revoke a registration if the Secretary has reasonable grounds to believe that an occupier of a registered establishment, who is an individual, is not or ceases to be a fit and proper person as per order 4.05 of the Prescribed Goods Order. It does not change the intent of this subclause as the requirement for the occupier of a registered establishment to be a fit and proper person, whether as an individual, a member of a partnership or as a corporation is provided under the new clause 5.2 of Schedule 1 to the Principal Orders and order 4.04 of the Prescribed Goods Order. This addition corrects the previous drafting error in the subclause by inadvertently omitting an occupier of the establishment, who is also an individual, from the requirement to be a fit and proper person.

Clause 19 – Non-payment of debts

New clause 19 contains specific powers for suspension and revocation of the registration of an establishment if debts have not been paid. This clause must be read in conjunction with clause 31, which allows the Secretary of the Department, if an amount payable to the Department is unpaid for at least 30 days, to issue a notice to the occupier of an establishment stating that an amount is due for payment.

New subclause 19.1 allows the Secretary, by written notice to the occupier, suspend the registration of the establishment if, at the end of 8 days after a notice of payment is due and the amount is not repaid or the occupier has not entered into an arrangement for repayment.

New subclause 19.2 allows the Secretary, by written notice to the occupier, to revoke the registration of the establishment if 90 days have passed since the notice of suspension has been given to the occupier of the registered establishment and the amount due is still not repaid. New subclause 19.3 provides that the 90 day period runs from the third working day if the notice has been posted (the notice is deemed to have been received on that day).

New subclause 19.4 provides that a notice of suspension or revocation of the registration of an establishment under subclauses 19.1 or 19.2 must also state that the approved arrangement for the establishment is also be suspended or revoked, if that is the case.

New subclause 19.5 provides that revocation and suspension under subclauses 19.1 or 19.2 takes effect from the day the notice of revocation or suspension is given (or, if specified in the notice, from a later day).

New subclause 19.6 makes it clear that the specific power to suspend or revoke under clause 19 is separate to the general power to suspend or revoke under clause 18 (either or both powers may be exercised if both provisions apply).

The purpose of the amendment is to redraft clause 19 to reflect current operational practice and maintain consistency with relevant provisions in the Wild Game Meat Order and Poultry Meat Order. The main changes reflected in the amendment are:

• providing that the Secretary may revoke the registration if the debt remains unpaid 90 days after the notice under subclause 19.1 is given to make clear that the revocation may occur 90 days after the suspension notice is given to the occupier, irrespective of when the suspension takes effect, which can be on the day the notice is given or a later day specified in the notice (see subclause 19.5)
• removing previous subclause 19.6 as this provision is clearly provided for by subclauses 18.5, 19.2 and 20.2 of Schedule 1 to the Principal Orders
• adding a new subclause 19.6, which provides for clause 19 to apply separately and in addition to clause 18. This is consistent with the provisions of the powers under clauses 18 and 19 relating to matters which are separate but may both be applicable to the same registered establishment.  

Division II – Suspension and revocation of approved arrangements

Clause 20 – When Secretary may suspend or revoke approval

New subclause 20.1 sets out circumstances in which the Secretary of the Department may, by written notice, revoke or suspend the approval of an arrangement for operations for the preparation of meat and meat products. General rules apply to suspensions and revocations (see Division III of Part 3 of Schedule 1 to the Principal Orders).

There are seven grounds on which approval may be suspended or revoked. Only one ground needs to be satisfied for the suspension or revocation and all grounds depend on the Secretary having reasonable grounds to believe that a particular circumstance exists, rather than the actual existence of the circumstance.

The first ground is that the occupier has failed to comply with a requirement of the Act or the Principal Orders, a requirement of the approved arrangement or a condition of approval of the approved arrangement.

The second ground is that compliance with the controls in the arrangement is unreliable or is not effective to ensure that the requirements of the Act and Division II of Part 3 to the Principal Orders are met and that there is a sound basis for issuing export permits and government certificates for meat and meat products prepared at the establishment.

The third ground is that the occupier of the establishment ceases operations for the preparation of meat and meat products for a period of 12 months.

The fourth ground is that the occupier or a person who manages or controls operations at the establishment has made a statement that is false, misleading or incomplete, or for which there is no sound basis in the course of giving information to the Secretary under the Act, the Principal Orders or the approved arrangement.

The fifth ground is that the occupier has not made available a document to an authorised officer that the occupier is required to keep by the Act, the Principal Orders, the approved arrangement or a condition of the approved arrangement. For example, clause 7 of Schedule 2 to the Principal Orders requires occupiers to retain certain documents. A failure to comply with clause 7 of Schedule 2 could render an approved arrangement liable to suspension or revocation.

The sixth ground is that the occupier fails to give consent to an auditor or authorised officer to access the establishment for the performance of an audit or other function. This ground will also apply if the required assistance is not provided to the authorised officer or auditor in carrying out their duties (see orders 59 and 74).

The seventh ground is that an authorised officer is prevented from exercising his or her powers or functions at the establishment because of force, obstruction or intimidation.

Subclauses 20.2 and 20.3 provide that an approved arrangement may be revoked while it is suspended, including if it is suspended in part, and that a suspension or revocation has effect from the day it is given to the occupier or, if specified in the notice, a later day. Subclause 20.4 provides that a period of suspension (including any extensions) must not exceed 12 months.

The purpose of the amendments is to redraft clause 20 to reflect current operational practice and for consistency with relevant provisions in the Wild Game Meat Order and Poultry Meat Order. The main changes reflected in the amendment are:

• making clear that the power of the Secretary to revoke an approved arrangement extends to an arrangement that is suspended in part. This provides consistency with the power of the Secretary under subclause 18.3 to revoke a partially suspended registration
• adding subclause 20.4 which provides that the total period of suspension must not exceed 12 months. This in effect is not a new provision as it is the previous subclause 22.3 in Division III of Part 3 of this schedule, which provides for the general rules applying to suspension of registration or approved arrangement.

Division III – General rules applying to suspensions and revocations

This Division set out rules that govern suspension and revocation of the registration of establishments and approved arrangements under Divisions I and II of Part 3. This Division also provides for the registration of establishments and approval of arrangements to terminate, lapse or cease.

Clause 21 – Suspension and revocation in full or in part

New clause 21 allows the registration of an establishment or the approval of an arrangement to be suspended or revoked in full or in part. A partial suspension or revocation may relate to specified meat and meat products prepared at the establishment, or a specified stage of meat production at the establishment. If a suspension or revocation is to be partial, the nature of the partial suspension or revocation must be specified in the notice of suspension or revocation.

The purpose of the amendment is to redraft clause 21 for clarity and consistency with relevant provisions in the Wild Game Meat Order and Poultry Meat Order. The intent of this provision has not changed.

Clause 22 – Notice of reasons, reconsideration and period of suspension

New subclause 22.1 requires that the Secretary of the Department must give the occupier written notice of a suspension or revocation of the registration of an establishment or the approval of an arrangement.

New subclause 22.2 provides that the notice must include reasons for the suspension or revocation and advise the occupier that merits review may be sought (see Divisions I and I of Part 10 of the Principal Orders). In the case of suspension, the notice must state the period of the suspension.

The purpose of the amendment is to redraft clause 22 for clarity and consistency with relevant provisions in the Wild Game Meat Order and Poultry Meat Order. The main change reflected in the amendment is the omission of previous subclause 22.3, which provides that a period of suspension including extension, in total, must not exceed 12 months.

Clause 23 – If grounds for suspension no longer exist

New clause 23 allows the Secretary of the Department to revoke the suspension of the registration of an establishment or the approval of an arrangement if the ground for suspension no longer exists. Revocation of the suspension is within the discretion of the Secretary of the Department, even if the original ground for suspension no longer exists. Clause 23 has a corresponding clause for reinstatement after revocation of the registration of an establishment or approval of an arrangement (see clause 29).

The purpose of the amendment is to redraft clause 23 for clarity and consistency with relevant provisions in the Wild Game Meat Order and Poultry Meat Order. The intent of this provision has not changed.

Clause 24 – Termination at occupier’s request

The clause is a redraft of previous clause 25, which allows for the unilateral termination of the registration of an establishment or an approved arrangement by the occupier of a registered establishment.

New subclauses 24.1 and 24.3 provide that the occupier may terminate the registration of an establishment and the approval of an arrangement by giving written notice of the termination to the Secretary of the Department.

New subclause 24.2 provides that approved arrangement for the establishment is also terminated if the registration of an establishment is terminated, but not vice-versa.

New subclause 24.4 allows the termination of the registration of an establishment and the approval of an arrangement in full or in part. A partial termination may be for specified meat and meat products prepared at the establishment or a specified stage of production.  For a partial termination, the scope of the termination must be detailed in the notice of termination to the Secretary.

New subclause 24.5 provides that a termination takes effect seven days after the notice of termination is given to the Secretary or, if specified in the notice, a later day.

The purpose of the amendment is to redraft previous clause 25 as new clause 24 and for clarity and consistency with relevant provisions in the Wild Game Meat Order and Poultry Meat Order. The intent of this provision has not changed.

The main changes reflected in the amendment is to omit the previous clause 24, which provides that the Secretary may revoke the registration of an establishment or approval of an arrangement that is suspended even if the period of the suspension has not expired. This is because the previous clause 24 is redundant, as relevant provisions already exist (see new subclauses 18.5, 19.2 and 20.2)

Clause 25 – When registration and approved arrangement lapse

New clause 25 provides for the automatic lapsing of the registration of an establishment and the approval of an arrangement for that establishment. The only ground for lapsing is that the person in whose name the establishment is registered ceases to be the person who carries on operations to prepare meat and meat products at the establishment. A lapse takes effect after seven days from the person ceasing to carry on the operations or, if the person notifies the Secretary of the Department of the cessation earlier, from that earlier day.

The purpose of the amendment is to redraft previous clause 26 as new clause 25 and for clarity and consistency with relevant provisions in the Wild Game Meat Order and Poultry Meat Order. The main changes reflected in the amendment are:

• substituting previous paragraph 26(a) with a new paragraph 25(b), which provides that if the person ceases to be the person who carries on the operations and notifies the Secretary in writing before ceasing operations, then the registration and approved arrangement lapses on the day the notice is given. The only difference is that new paragraph 25(b) does not specify that the written notice is to be given within 7 days after the person ceases to carry on operations in the establishment. This is also consistent with current operational practice
• redrafting previous paragraph 26(b) as new paragraph 25(a), which provides for the lapsing of the registration and approved arrangement to occur at the end of the 7 days after the person ceases operation at the registered establishment. The intent of this provision has not changed.

Clause 26 – When registration ceases to have effect

New clause 26 sets out when the registration of an establishment ceases to have effect. New subclause 26.1 provides that the registration ceases to have effect on the earliest of the following:

• at the end of the 12 months after the approval of an approved arrangement ceases to have effect
• the day the revocation or termination takes effect
• the day when registration lapses.

New subclause 26.2 provides for the registration of an establishment to cease to have effect in part if paragraph 26.1(a) or 26.1(b) occurs in respect of that part.

New subclause 26.3 provides that the suspension of registration, including in part, means that the registration has no effect to the extent of the suspension during the suspension period. However, the occupier must still comply with the Principal Orders as if the registration had not been suspended.

The purpose of the amendment is to redraft the previous clause 27 as new clause 26 and for clarity and consistency with relevant provisions in the Wild Game Meat Order and Poultry Meat Order. The main changes reflected in the amendment are clarifying that:

• registration of an establishment ceases to have effect in part when the registration is revoke or terminated in part, or at the end of the 12 months that an approved arrangement ceases to have effect in part. The same does not apply to a lapse in registration because a registration does not lapse only in part.
• an occupier must still comply with obligations under the Principal Orders when the registration of the establishment is suspended, including in part.

Clause 27 – When approval of arrangement ceases to have effect

New clause 27 sets out when an approval of an arrangement ceases to have effect. New subclauses 27.1 and 27.2 provide that the approval of an arrangement, or part of an approval, ceases to have effect if it lapses, or if it is revoked or terminated.

New subclauses 27.3 and 27.4 provide that the suspension (including in part) of an approved arrangement means that the approval ceases to have effect to the extent of the suspension during the suspension period. However, the occupier must still comply with the requirements of the Principal Orders as if the approval was not suspended.

The purpose of the amendment is to redraft previous clause 28 as new clause 27 and for clarity and consistency with relevant provisions in the Wild Game Meat Order and Poultry Meat Order.

The rules in clause 27 mean that if the approval of an arrangement has been revoked, lapsed, terminated or suspended, it has no effect. The consequence is that meat and meat products for export for food cannot be prepared at the establishment (see order 30) and meat and meat products prepared at the establishment cannot be exported for food (see order 38). The main change reflected in the amendment is to make clear that an occupier must still comply with obligations under the Principal Orders when the registration of the establishment is suspended, including in part (clause 27.3).

Clause 28 - When the Secretary must provide new certificate of registration

New clause 28 provides that the Secretary of the Department must issue a new certificate of registration if the registration of an establishment is terminated, revoked, or ceased in part. If a registration is reinstated under clause 29 (whether in full or in part), a new certificate must also be issued.

The purpose of the amendment is to redraft previous clause 29 as new clause 28. There is no change to the provision. New clause 28 is also consistent with relevant provisions in the Wild Game Meat Order and Poultry Meat Order.

Clause 29 - Reinstatement

New clause 29 allows the Secretary of the Department to reinstate, by written notice, a revoked (including in part) registration of an establishment or approval of an arrangement if the original ground for revocation no longer exists. This is the only basis on which re-instatement may occur, otherwise, the occupier must re-apply for registration and approval of an arrangement. Reinstatement is within the discretion of the Secretary of the Department, even if the original ground for revocation no longer exists.

The purpose of the amendment is to redraft previous clause 30 as new clause 29. There is no change to the provision. New clause 29 is also consistent with relevant provisions in the Wild Game Meat Order and the Poultry Meat Order.

Clause 30 – Secretary may require occupier to take action

New subclause 30.1 allows the Secretary of the Department to require an occupier to take action within a specified period if the registration of the occupier’s establishment or the approval of the arrangement for the establishment ceases to have effect. The action required to be taken may relate to carcases, carcase parts, meat and meat products, things used in preparing meat and meat products, official marks, export permits and government certificates.

New subclause 30.2 provides that the purpose of requiring the action to be taken must be to ensure that the objectives (see suborders 3.1 and 3.2) of the Principal Orders are met (e.g. meat might be recalled to preserve the integrity of meat for export for food).

New subclauses 30.3 and 30.4 provide that the requirement to take action must be given by notice in writing and that the notice must state that a failure to comply with the requirement is a criminal offence punishable by up to 50 penalty units.

The main change reflected in the amendment is the addition of new subclause 30.4 to make clear that the written notice must state that non-compliance with the direction is a criminal offence and is liable to a maximum of 50 penalty units. This addition does not change the effect of the provision or the penalty for non-compliance with the provision. 

The purpose of the amendment is to redraft the previous clause 31 for clarity and as the new clause 30.

Part 4 – Payment of debts

Clause 31 – Notice of non-payment of debts

New clause 31 provides the Secretary of the Department with the power to issue a notice of payment due if an amount payable to the Department in respect of a registered establishment (for example, a fee under the Export Control (Fees) Orders 2001) remains unpaid 30 days after the amount became due for payment. A failure to subsequently repay the outstanding amount may result in the suspension and subsequent revocation of the registration of the establishment (see clause 19).

The purpose of the amendment is to redraft previous clause 32 and to provide more clarity and consistency with relevant provisions in the Wild Game Meat Order and Poultry Meat Order. The intent behind this provision has not changed.

Clause 32 – Undertaking for payment of debts

New clause 32 makes provision for outstanding amounts payable to the Department (for example, fees under the Export Control (Fees) Orders 2001) to be repaid pursuant to undertakings between the occupier and the Department.

Subclauses 32.1 and 32.2 provide that an undertaking may be made when an application for the registration of an establishment is made (an undertaking may not be made in respect of an establishment that is currently registered). The undertaking may provide for the payment of the outstanding amount on terms agreed by the Secretary of the Department (e.g. payment by instalments). If the undertaking is accepted by the Secretary, the amount payable is deemed to have been repaid for the purposes of registering the establishment. Compliance with the undertaking then becomes a condition of registration (see clause 10).

New subclause 32.3 provides that the undertaking must provide that the payment reduces the amount outstanding by a corresponding amount. New subclause 32.4 provides that in deciding whether to accept an undertaking, the Secretary must take into account matters such as the financial position of the occupier and the likelihood of repayment.

New subclauses 32.5 and 32.6 provide that an undertaking may be varied by agreement between the occupier and the Secretary, but not so as to reduce the occupier’s liability to repay the outstanding amount.

The purpose of the amendment is to combine the previous clauses 33, 34, 35 and 36 of Schedule 1 to the Principal Orders and redraft them for clarity as new clause 32. New clause 32 is also consistent with relevant provisions in the Wild Game Meat Order and Poultry Meat Order. The intent of this provision has not changed.

Clause 33 – Recovery of amount payable

New clause 33 provides that an amount outstanding under an undertaking (under clause 32) is a recoverable debt due to the Commonwealth and may be recovered in a court of summary jurisdiction.

The purpose of the amendment is to redraft previous clause 37 as new clause 33 and to provide more clarity and consistency with relevant provisions in the Wild Game Meat Order and Poultry Meat Order. The intent behind this provision has not changed.

Clause 34 – How payments must be applied

New clause 34 sets out how payments must be applied to undertakings for payment of debts. New subclause 34.1 provides that where a payment is made under an undertaking (under clause 32), the amount outstanding is reduced accordingly. New subclause 34.2 provides that where an undertaking relates to multiple amounts outstanding, the Secretary of the Department has the power to decide the order in which the repayments are applied to reduce the outstanding amounts.

The purpose of the amendment is to redraft previous clause 38 as new clause 34 but with the omission of the previous subparagraph 38.1(b). New clause 34 is also consistent with relevant provisions in the Wild Game Meat Order and Poultry Meat Order.

Clause 35 – Refund of excess amounts paid

New clause 35 requires that if a repayment under an undertaking (under clause 32) exceeds the relevant amount outstanding, the excess must be refunded.

The purpose of the amendment is to redraft previous clause 39 as new clause 35 and to provide more clarity and consistency with relevant provisions in the Wild Game Meat Order and Poultry Meat Order. The intent behind this provision has not changed.

Clause 36 – Liability of the original debtor

New clause 36 provides where an undertaking is made to repay an amount outstanding, the undertaking has no effect on the liability to repay the amount outstanding. An undertaking only serves a limited purpose, to deem an amount to be repaid where an occupier seeks the registration of an establishment. The underlying liability for the outstanding amount is not affected unless the amount is repaid under the undertaking.

The purpose of the amendment is to redraft previous clause 40 as new clause 36 and to provide more clarity and consistency with relevant provisions in the Wild Game Meat Order and Poultry Meat Order. The intent behind this provision has not changed.

Item 83 substitutes note 1 to subclause 7.2 of Schedule 2 to the Principal Orders with a new which states that a breach of a level 5 penal provision is punishable by a fine of 50 penalty units. The purpose of this amendment is to update the language explaining penal provisions throughout the Principal Orders.

Item 84 substitutes the word ‘authorized’ in note 2 to subclause 7.2 of Schedule 2 to the Principal Orders with ‘authorised’.

The purpose of the amendment is to correct a typographical error.

Item 85 substitutes the note to subclause 9.2 of Schedule 2 to the Principal Orders with a new which states that a breach of a level 5 penal provision is punishable by a fine of 50 penalty units. The purpose of this amendment is to update the language explaining penal provisions throughout the Principal Orders. 

Item 86 substitutes the word ‘authorized’ in subclause 10.1 of Schedule 2 to the Principal Orders with ‘authorised’.

The purpose of the amendment is to correct a typographical error.

Item 87 substitutes each mention of the word ‘authorized’ in the Table of Contents of Schedule 3 to the Principal Orders with ‘authorised’.

The purpose of the amendment is to correct a typographical error.

Items 88 and 89 substitute the headings to Division II of Part 1 of Schedule 3 to the Principal Orders and before subclause 3.1 of Schedule 3 to the Principal Orders with new headings. The only change to the headings is substituting the words ‘authorized’ with ‘authorised’.

The purpose of the amendments is to correct typographical errors.

Items 90, 91, 92, 93, 94 and 95 substitute each mention of the word ‘authorized’ in subclauses 3.1, 3.2, 4.1, 6.1, 7.2 and 8.2 of Schedule 3 to the Principal Orders and in paragraph 5.1(b) of Schedule 3 to the Principal Orders with ‘authorised’.

The purpose of the amendments is to correct typographical errors.

Item 96 omits the entry for clause 2 from the Table of Contents to Schedule 4 to the Principal Orders.

The purpose of the amendment is to reflect the repeal of clause 2 of Schedule 4 to the Principal Orders (see Item 98).

Item 97 substitutes subclause 1.2 of Schedule 4 to the Principal Orders with a new subclause 1.2 which is a redraft of the previous subclause 1.2 but with the substitution of the word ‘is’ with ‘are’. There is no change to note 1. The new note 2 inserts an updated publication date (2011) for the Australian Drinking Water Guidelines 6, updated details of the publisher and an internet reference to the publication at the time of commencement of the Amendment Order.

The purpose of the amendment is to correct a typographical error and update the reference to the Australian Drinking Water Guidelines.

Item 98 omits clause 2 of Schedule 4 to the Principal Orders (including the heading) which related to protection of potable water supply.

The clause is redundant as the protection of potable water supply is incorporated in the requirements for an approved arrangement, as per subclause 1.2 of Schedule 4, which refers to the Australian Drinking Water Guidelines 6 2011 (see Item 97).

Item 99 substitutes the entry for clause 4 in the Table of Contents of Schedule 5 to the Principal Orders with a new entry ‘Post mortem inspection’.

This purpose of the amendment is to reflect the amendments to clause 4 of Schedule 5 to the Principal Orders (see Item 106).

Item 100 omits the entries for clauses 6 and 7 from the Table of Contents of Schedule 5 to the Principal Orders.

This purpose of the amendment is to reflect the repeal of clauses 6 and 7 of Schedule 5 to the Principal Orders (see Item 109).

Item 101 substitutes the entry for clause 8 in the Table of Contents of Schedule 5 to the Principal Orders with a new entry ‘Chilling’.

This purpose of the amendment is to reflect the amendments to clause 8 of Schedule 5 to the Principal Orders (see Item 110).

Item 102 substitutes the entry for clause 12 in the Table of Contents of Schedule 5 to the Principal Orders with a new entry ‘Thawing’.

This purpose of the amendment is to reflect the amendments to clause 12 of Schedule 5 to the Principal Orders (see Item 114).

Item 103 omits entries for Division IV of Part 1 from the Table of Contents of Schedule 5 to the Principal Orders.

This purpose of the amendment is to reflect the repeal of Division IV of Part 1 of Schedule 5 to the Principal Orders (see Item 116).

Item 104 inserts the following into the Table of Contents of Schedule 5 to the Principal Orders:

Division VI — Transport

15A.       Transport of meat and meat products 

This purpose of the amendment is to reflect the addition of Division VI to Schedule 5 to the Principal Orders (see Item 118).

Item 105 substitutes each mention of the word ‘authorized’ in clause 3 of Schedule 5 to the Principal Orders with ‘authorised’.

The purpose of the amendment is to correct typographical errors.

Item 106 substitutes subclause 4.1 of Schedule 5 to the Principal Orders with new subclause 4.1 relating to post mortem inspections.

New subclause 4.1 provides that in complying with clause 10.5 of the 2007 Australian Meat Standard, the procedures specified for ‘other tissues and organs’ in Table 2 of Schedule 2 to the 2007 Australian Meat Standard and the procedures specified for ‘other tissues’ in Table 3 of Schedule 2 to the 2007 Australian Meat Standard do not have to be followed.

The purpose of the amendment is to reflect current operational practice. The amendment makes clear how the requirements of clause 10.5 of the 2007 Australian Meat Standard should be complied with in relation to post mortem inspections. It provides for the procedures specified for ‘other tissues and organs’ as set out in Table 2 and for ‘other tissues’ as set in out in Table 3 of Schedule 2 to the 2007 Australian Meat Standard to be excluded.

This is because these specific procedures are considered unnecessary as post mortem inspections of these specified organs and tissues do not provide additional information on the health of the animal that can already be obtained from the post mortem inspections of other vital organs and lymph nodes conducted in accordance to other parts of Schedule 2 to the 2007 Australian Meat Standard. The amendment also omits the previous clause 4.1, for the post mortem disposition to apply to the aggregation of carcases parts because this requirement is already included in subclause 10.15 of the 2007 Australian Meat Standard.

Clause 10.5 of the 2007 Australian Meat Standard requires the inspection procedures for post-mortem inspection set out in Schedule 2 to the standard to be followed. The procedures for tissues and organs in Table 2 and Table 3 require a meat safety inspector to individually inspect the thymus, pancreas, non-gravid uterus, bladder, testicles and penis of each animal carcase. The purpose of individually inspecting each of these tissues and organs is to determine the health of the animal they were removed from. However, determining the health of the animal can effectively be done by observing and palpating the more important internal organs, like the heart, liver and lungs. Individual inspection of the thymus, pancreas, non-gravid uterus, bladder, testicles and penis will rarely provide information that cannot be obtained by observing the more important internal organs.

For this reason, following the procedures for other tissues and organs set out in Tables 2 and 3 in Schedule 2 to the 2007 Australian Meat Standard is considered unnecessary. Instead, other tissues and organs – thymus, pancreas, non-gravid uterus, bladder, testicles and penis – will be aggregated into batches, without a meat safety inspector first having to individually inspect them, and will be regulated by subclause 10.15 of the 2007 Australian Meat Standard, which is the same in substance as the previous subclause 4.1 in Schedule 5 to the Principal Orders.

Item 107 substitutes subclause 5.1 of Schedule 5 to the Principal Orders with a new subclause 5.1 which provides that clause 10.12 of the 2007 Australian Meat Standard is not applicable to post-mortem dispositions applied to carcases and carcase parts. This requirement is provided for by subclause 5.2 of Schedule 5 to the Principal Orders.

The amendment removes the reference to clause 10.14 of the 2007 Australian Meat Standard, given that it referred to clause 10.14 of the previous Australian Meat Standard, which has now been updated (see item 10). Compliance with the 2007 Australian Meat Standard is a requirement under order 32 of the Principal Orders.

Item 108 substitutes each mention of the word ‘authorized’ in note 2 to subclause 5.2 of Schedule 5 to the Principal Orders with ‘authorised’.

The purpose of the amendment is to correct typographical errors.

Item 109 repeals subclauses 6.1 and 7.1 of Schedule 5 to the Principal Orders as they are redundant. The requirement of subclause 6.1 is reflected in clause 10.14 of the 2007 Australian Meat Standard and the requirement of subclause 7.1 is reflected in clause 10.16 of the 2007 Australian Meat Standard. Compliance with the 2007 Australian Meat Standard is a requirement under order 32 of the Principal Order.

Item 110 substitutes subclause 8.1 of Schedule 5 to the Principal Orders with new subclause 8.1, which relates to the chilling and freezing of carcases and carcase parts.

New subclause 8.1 provides that the refrigeration for chilling applied to carcases and carcase parts is taken to comply with paragraphs 11.6(a), (b), or (c) of the 2007 Australian Meat Standard only if the control measures for the refrigeration process specified in the approved arrangement are complied with.

Note 1 to subclause 8.1 refers to subclauses 10A.1 and 10A.2 of Schedule 5 to the Principal Orders which provide that the effectiveness of the refrigeration process is assessed through use of the Refrigeration Index criteria. Note 2 to subclause 8.1 provides that carcase parts include offal and provides a reference to the definition of ‘carcase parts’ in suborder 8.1 of the Principal Orders which adopts the definition in the 2007 Australian Meat Standard. Carcase parts as defined in the 2007 Australian Meat Standard include offal.

The purpose of the amendment is to redraft the provision for clarity and to reflect paragraph 11.6(c) of the 2007 Australian Meat Standard. The addition of note 1 is to remind occupiers that they must meet the Refrigeration Index.

Item 111 repeals subclause 8.2 of Schedule 5 to the Principal Orders given the freezing requirements for carcases and carcase parts set out in that subclause are incorporated into the new subclause 8.1, as well as paragraph 11.6(d) of the 2007 Australian Meat Standard.

Item 112 inserts a note after subclause 9.3 of Schedule 5 to the Principal Order. The note provides that the effectiveness of the refrigeration process is assessed through use of the Refrigeration Index criteria as set out in subclauses 10A.1 and 10A.2 of Schedule 5 to the Principal Orders.

The purpose of the amendment is to clarify how the effectiveness of the refrigeration process can be assessed by referring to the requirements of the Refrigeration Index.

Item 113 substitutes subclauses 10.2 and 10.3 of Schedule 5 to the Principal Orders with new subclauses 10.2 and 10.3.

New subclause 10.2 provides that the temperature requirement of paragraph 15.7(a) of the 2007 Australian Meat Standard is complied with if either of the following requirements are satisfied:

• the meat and meat products are at a temperature of no warmer than 7°C on any of their surfaces
• the meat or meat products are still being reduced in temperature in accordance with the approved arrangement.

The note at the foot of subclause 10.2 refers to subclauses 10A.1 and 10A.2 of Schedule 5 to the Principal Orders which provide that the effectiveness of the refrigeration process is assessed through use of the Refrigeration Index criteria.

New subclause 10.3 provides that the temperature requirements of subparagraphs 24.3(a)(i) and 24.3(a)(ii) of the 2007 Australian Meat Standard are complied with if either of the following requirements are satisfied:

• the meat and meat products are transported at a temperature of no warmer than 7°C on any of their surfaces
• the meat or meat products are still being reduced in temperature in accordance with the approved arrangement.

The note at the foot of subclause 10.2 refers to subclauses 10A.1 and 10A.2 of Schedule 5 to the Principal Orders which provide that the effectiveness of the refrigeration process is assessed through use of the Refrigeration Index criteria.

The purpose of the amendment is redraft subclauses 10.2 and 10.3 for clarity and to reflect that refrigerated meat or meat products, which are still being reduced in temperature off-site is standard industry practice and allowable if the Refrigeration Index criteria are met.

Item 114 repeals subclauses 12.1 and 12.2 of Schedule 5 to the Principal Orders. Previous subclause 21.1 referred to the 2002 Australian Meat Standard (which has been superceded by the 2007 Australian Meat Standard). Previous subclause 12.2 required that the thawing and tempering of meat must be undertaken under refrigerated conditions, which is covered by the 2007 Australian Meat Standard.

The purpose of the amendment is to reflect the updated 2007 Australian Meat Standard. There is no change in the legal requirements for the 2007 Australian Meat Standard to apply as provided under order 32 of the Principal Orders.

Item 115 renumbers subclause 12.3 of Schedule 5 to the Principal Orders as subclause 12.1.

The purpose of the amendment is to renumber the provision to reflect the omission of the previous subclauses 12.1 and 12.2 of Schedule 5 in Item 114.

Item 116 repeals Division IV of Part 1 of Schedule 5 to the Principal Orders which related to the further processing of meat or meat products (i.e. drying of dried meat).

The purpose of the amendment is to remove a redundant provision as this requirement is now provided for in clause 13.14 of the 2007 Australian Meat Standard. Compliance with the 2007 Australian Meat Standard is a requirement under order 32 of the Principal Orders.   

Item 117 substitutes the word ‘authorized’ in paragraph 15.1(c) of Schedule 5 to the Principal Orders with ‘authorised’.

The purpose of the amendment is to correct a typographical error.

Item 118 inserts a new Division VI after Division V of Part 1 of Schedule 5 to the Principal Orders relating to the transport of meat and meat products between registered establishments.

New clause 15A sets out requirements for meat transport vehicles which must be met to allow meat and meat products for export to be transported between registered establishments.  Specifically, meat and meat products for export must not be loaded into a meat transport vehicle for transport between registered establishments unless the meat transport vehicle:

• is not a source of contamination of the meat and meat products
• is clean
• is free of odours and materials that are capable of contaminating meat or meat products or their packaging
• is equipped or provided with an appropriate and adequate means of refrigeration.
• has an accurate measuring device to assess whether the requirements of the Principal Orders are complied with during transport and loading
• is maintained in a good state of repair and working order by having regard to its use.
• is capable of being secured by seal.

The amendment also inserts a note which provides that for the handling of product at load-in, subclauses 5.1, 15.2 and 15.3 of the 2007 Australian Meat Standard should be referred to.

The purpose of the amendment is to make clear the requirements and outcomes required in relation to the use of transport vehicles to transport meat and meat products between registered establishments. The amendment, in particular, places the onus on the occupier who is responsible for the loading of transport vehicles. This new provision is consistent with the requirements of the 2007 Australian Meat Standard. Compliance with the 2007 Australian Meat Standard is a requirement under order 32 of the Principal Orders.   

Item 119 substitutes each mention of the word ‘authorized’ in clause 16 of Schedule 5 to the Principal Orders with ‘authorised’.

The purpose of the amendment is to correct typographical errors.

Item 120 inserts a note after subclause 20.1 of Schedule 5 to the Principal Orders. The note provides that a seal may need to be applied to a container system unit intended for transport by air, where it transits another country, for animal disease or integrity reasons. For further information, the note provides an internet reference to the Manual of Importing Country Requirements, published by the Department of Agriculture.

The purpose of the amendment is to make clear the requirements for when a seal must be applied and provide the reference to the Manual of Importing Country Requirements (MICoR). The intent of this provision has not changed.

Item 121 substitutes the entry for clause 14 in the Table of Contents of Schedule 6 to the Principal Orders with a new entry ‘Official marks for State or Territory inspection and audit arrangements’.

This purpose of the amendment is to reflect the amendments to clause 14 of Schedule 6 to the Principal Orders (see Item 124).

Item 122 substitutes the words ‘an bovine’ in paragraph 1.2(b) of Schedule 6 to the Principal Orders with ‘a bovine’. 

The purpose of the amendment is to correct a typographical error. 

Item 123 substitutes the words ‘a authorized’ in subclause 10.1 of Schedule 6 to the Principal Orders with ‘an authorised’. 

The purpose of the amendment is to correct a typographical error.

Item 124 substitutes the heading before subclause 14.1 of Schedule 5 to the Principal Orders with a new heading. The only change to the heading is substituting the words ‘State and Territory’ with ‘State or Territory’.

The purpose of the amendment is to correct a typographical error.

Items 125 and 126 substitute the words ‘State and Territory’ in notes 1 and 2 to subclause 14.1 of Schedule 6 to the Principal Orders with ‘State or Territory’. 

The purpose of the amendment is to correct a typographical error.

Item 127 substitutes the word ‘psection’ in paragraph 14.1(b) of Schedule 6 to the Principal Orders with ‘section’. 

The purpose of the amendment is to correct a typographical error

Item 128 substitutes the words ‘State and Territory’ in paragraph 14.1(d) of Schedule 6 to the Principal Orders with ‘State or Territory’. 

The purpose of the amendment is to correct a typographical error.

Item 129 substitutes each mention of the word ‘authorized’ in paragraph 15.1(a) of Schedule 6 to the Principal Orders with ‘authorised’.

The purpose of the amendment is to correct typographical errors.

Item 130 inserts an entry for clause 11A into the Table of Contents of Schedule 5 to the Principal Orders with the heading ‘Receipt of meat and meat products’.

This purpose of the amendment is to reflect the addition of clause 11A of Schedule 7 to the Principal Orders (see Item 138).

Item 131 omits the entry for clause 48 (tail tags) in the Table of Contents for Schedule 7 to the Principal Orders.

The purpose of the amendment is to reflect the removal of clause 48 (see Item 156).

Item 132 substitutes each mention of the word ‘authorized’ in subclause 7.1 of Schedule 7 to the Principal Orders with ‘authorised’.

The purpose of the amendment is to correct typographical errors.

Item 133 inserts new subclauses 7.2 and 7.3 after the notes to subclause 7.1 of Schedule 7 to the Principal Orders. New subclause 7.2 provides that an authorised officer may apply one of the following dispositions to the meat or meat products if there are reasonable grounds to believe that the integrity of the meat and meat products for export for food is not assured:

• that it is unsuitable for export as food
• that it is unsuitable for export as food to a specified country.

The note to new subclause 7.2 refers to the requirement to comply with a disposition (see clause 3 of Schedule 5 of the Principal Orders).

New subclause 7.3 provides that without limiting the operation of subclause 7.2, the integrity of meat or meat products may be considered not to be assured in two scenarios.

The first scenario, set out in paragraph 7.3(a), is where an official mark applied to the meat or meat product has been applied, altered or interfered with contrary to orders 64 to 66 of the Principal Orders. Orders 64 to 66 relate to the requirements for the manufacture of official marks, the application of official marks and resemblances of official marks. This scenario also applies to Division I of Part 2 of Schedule 6 to the Principal Orders, which provides for the requirements to apply an official mark.

The second scenario, set out in paragraph 7.3(b), is where a requirement in Schedule 6 or Schedule 7 to the Principal Orders is not met in relation to meat or meat products. Schedule 6 sets out the requirements for trade descriptions and official marks. Schedule 7 sets out the requirements in relation to segregation, identification, security and integrity, transfer of meat and meat products, Halal meat certification and the European Union Cattle Accreditation Scheme (EUCAS).

The purpose of the amendment is to provide for dispositions to apply to a meat or meat product that has breached its integrity requirements. It provides clarity for the use of disposition powers where the integrity of meat or meat products is compromised. The amendments replicate the process used for wholesomeness dispositions under Schedule 5 to the Principal Orders in the application of the decision and the power to vary.

The power to apply a disposition provides the flexibility to better manage a meat or meat product that has breached an integrity requirement, whereas previously, the product would be prohibited from export. The amendment may also minimise costs to the industry as products that have breached an integrity requirement may not be excluded from export altogether if their integrity can be re-established by applying measures provided by the disposition and if they continue to meet the objectives of the Principal Orders.

The power to apply dispositions to the meat or meat products if there are reasonable grounds to believe the integrity of the products is not assured will add an additional function for an authorised officer in conjunction with the current retention provisions, which provides a means of dealing with breaches and appeals against the use of these powers. The amendment also reflects current operational policy.

The amendment also avoids the need to use exemptions to vary decisions. The intent of exemptions is that they be applied for and approved prior to a controlled event, not used after an ‘uncontrolled’ event. The ability to vary dispositions, as long as the objectives of the Principal Orders are met, is a more appropriate mechanism.

Item 134 substitutes the words ‘dates which’ paragraph 8.1(c) of Schedule 7 to the Principal Orders with ‘dates on which’.

The purpose of the amendment is to correct a grammatical error.

Item 135 substitutes paragraph 8.1(h) of Schedule 7 to the Principal Orders with a new paragraph 8.1(h) which provides that a declaration must be given on as part of the information given on despatch of each consignment of meat or meat products for export. The declaration must state the conditions and restriction on export specified in Part 4 of the Principal Orders that must be satisfied before the meat or meat products may be exported from Australia and the importing country requirements for the meat or meat products.

The purpose of the amendment is to redraft paragraph 8.1(h) for clarity. The intent of this provision has not changed.

Item 136 inserts a new subclause 8.3 after subclause 8.2 of Schedule 7 to the Principal Orders which provides that the information and declarations required to be given under subclauses 8.1 and 8.2 of Schedule 7 to the Principal Orders must be given in a form approved by the Secretary of the Department. The note to subclause 8.3 clarifies that information and declarations submitted in electronic message formats should be United Nations Directories for Electronic Data Interchange for Administration Commerce and Transport (UNEDIFACT) compliant.

The purpose of the amendment is to ensure that the information required by the Secretary in subclauses 8.1 and 8.2 is captured in an electronic format to ensure that appropriate modern technology is used for the generation of information on meat or meat products for export for use as animal food or for pharmaceutical use.

The amendment also clarifies that the information and declarations to be provided under subclauses 8.1 and 8.2 must be given in a form approved by the Secretary. The Department has, in consultation with industry, developed the electronic Meat Transfer Certificate system which is based on the electronic messaging system. As part of the system design of electronic Meat Transfer Certificates, the requirements for information set out in subclauses 8.1 and 8.2 are incorporated in the dispatch message format known as the EANCOM 2002 Syntax 3, which is a subset of the UNEDIFACT Standard. 

Item 137 substitutes the word ‘authorized’ in the note to subclause 10.1 of Schedule 7 to the Principal Orders with ‘authorised’.

The purpose of the amendment is to correct a typographical error.

Item 138 inserts a new clause 11A after clause 11 of Schedule 7 to the Principal Orders. New clause 11A provides that either of the following measures must occur if the required information (referred to in clause 8 of Schedule 7 to the Principal Orders) does not accompany the meat or meat products or is inaccurate or incomplete:

• the meat or meat products must be held at the establishment under conditions of security and not dealt with further for export for human consumption unless an authorised officer gives the occupier of the establishment written approval for the meat or meat products to be dealt with further
• the meat or meat products must be identified as not for export for human consumption and segregated so that they do not contaminate meat and meat products for export for human consumption. 

The purpose of the amendment is to specify the measures that must be applied if the documentation requirements of clause 8 of Schedule 7 to the Principal Orders are not complied with in relation to the transfer of meat or meat products. This amendment reflects current operational practice and is consistent with relevant provisions in the Wild Game Meat Order and Poultry Meat Order.

Item 139 substitutes the note to subclause 14.1 of Schedule 7 to the Principal Orders with a new which states that a breach of a level 5 penal provision is punishable by a fine of 50 penalty units. The purpose of this amendment is to update the language explaining penal provisions throughout the Principal Orders. 

Item 140 substitutes note 1 to subclause 17.1 of Schedule 7 to the Principal Orders with a new note states that a breach of a level 5 penal provision is punishable by a fine of 50 penalty units. The purpose of this amendment is to update the language explaining penal provisions throughout the Principal Orders. 

Item 141 substitutes the note to subclause 19.1 of Schedule 7 to the Principal Orders with a new note which states that a breach of a level 5 penal provision is punishable by a fine of 50 penalty units. The purpose of this amendment is to update the language explaining penal provisions throughout the Principal Orders. 

Item 142 substitutes note 1 to subclause 20.1 of Schedule 7 to the Principal Orders with a new note 1 which states that a breach of a level 5 penal provision is punishable by a fine of 50 penalty units. The purpose of this amendment is to update the language explaining penal provisions throughout the Principal Orders. 

Item 143 substitutes the word ‘authorized’ in note 5 to subclause 20.1 of Schedule 7 to the Principal Order with ‘authorised’. 

The purpose of the amendment is to correct a typographical error.

Item 144 substitutes the note to subclause 24.1 of Schedule 7 to the Principal Orders with a new which states that a breach of a level 2 penal provision is punishable by a fine of 20 penalty units. The purpose of this amendment is to update the language explaining penal provisions throughout the Principal Orders. 

Item 145 substitutes the note to subclause 25.1 of Schedule 7 to the Principal Orders with a new note which states that a breach of a level 5 penal provision is punishable by a fine of 50 penalty units. The purpose of this amendment is to update the language explaining penal provisions throughout the Principal Orders. 

Item 146 substitutes note 1 to subclause 25.2 of Schedule 7 to the Principal Orders with a new note 1 which states that a breach of a level 5 penal provision is punishable by a fine of 50 penalty units. The purpose of this amendment is to update the language explaining penal provisions throughout the Principal Orders. 

Item 147 substitutes each mention of the word ‘authorized’ in paragraph 28.1(d) of Schedule 7 to the Principal Orders with ‘authorised’.

The purpose of the amendment is to correct typographical errors.

Item 148 substitutes each mention of the word ‘authorized’ in subclause 28.1 of Schedule 7 to the Principal Orders to the Principal Orders with ‘authorised’.

The purpose of the amendment is to correct typographical errors.

Item 149 substitutes the note to subclause 37.3 of Schedule 7 to the Principal Orders with a new note which states that a breach of a level 5 penal provision is punishable by a fine of 50 penalty units. The purpose of this amendment is to update the language explaining penal provisions throughout the Principal Orders. 

Item 150 repeals the definition of ‘tail tag’ in subclause 39.1 from Schedule 7 to the Principal Orders. 

The purpose of the amendment is to reflect that the use of (lime green) tail tags is no longer required and has been replaced by the use of animal identification tags. The use of these tail tags on cattle for export to the EU is no longer required to confirm whether the cattle are eligible for processing. A series of systems are in place to identify and trace cattle through the National Livestock Identification System (NILS) database records, the accompanying vendor declaration and an approved identification device (the ear tag). The removal of tail tagging abolishes the requirement of unnecessary animal handling procedures and addresses the commercial and occupational health and safety concerns that have been raised by industry participants.

Item 151 repeals paragraph 40.1(b) of Schedule 7 to the Principal Orders.

The purpose of the amendment is to reflect that the use of tail tags to identify cattle as eligible for export to a member State of the EU is no longer required (see Item 150).

Item 152 renumbers paragraph 40.1(c) of Schedule 7 to the Principal Orders as paragraph 40.1(b).

The purpose of the amendment is to reflect the omission of paragraph 40.1(b) (see Item 151).

Item 153 substitutes note 1 to subclause 40.1 of Schedule 7 to the Principal Orders with a new note. The only change to the note is substituting each mention of the words ‘authorized’ with ‘authorised’.

The purpose of the amendment is to correct a typographical error.

Item 154 repeals note 2 to subclause 40.1 of Schedule 7 to the Principal Orders.

The purpose of the amendment is to reflect that the use of tail tags to identify cattle as eligible for export to a member State of the EU is no longer required (see Item 150).

Item 155 substitutes the words ‘and tail tag have’ in paragraph 41.1(b) of Schedule 7 to the Principal Orders with ‘has’. 

The purpose of the amendment is to reflect that the use of tail tags to identify cattle as eligible for export to a member State of the EU is no longer required (see Item 150).

Item 156 repeals subclause 48.1 of Schedule 7 to the Principal Orders, including its note. 

The purpose of the amendment is to reflect that the use of tail tags to identify cattle as eligible for export to a member State of the EU is no longer required (see Item 150).

Item 157 substitutes subparagraph 52.1(d) of Schedule 7 to the Principal Orders with a new subparagraph 52.1(d) which provides that each animal of the bovine species (except for a bobby calf) for slaughter for meat or meat products for export to a member State of the EU consigned from the property to an EU‑listed abattoir or accredited saleyard, must come from an accredited property and be identified with an animal identification tag that enables it to be traced to the property from which it came from.

The purpose of the amendment is to redraft the subparagraph for clarity and to remove the reference to the use of tail tags, as this is no longer required to identify cattle as eligible for export to a member State of the EU (see Item 150). New paragraph 52.1(d) does not retain the exclusion of ineligible breeding bulls and ineligible breeding cow bulls for export to the EU as this is already provided for in paragraph 38.1(b) of Schedule 7 to the Principal Orders. The intent of this provision has not changed.

Item 158 repeals subparagraph 52.1(f)(vii) of Schedule 7 to the Principal Orders.

The purpose of the amendment is to reflect that the use of tail tags is no longer required to identify cattle as eligible for export to a member State of the EU (see Item 150).

Item 159 renumbers subparagraph 52.1(f)(viii) of Schedule 7 to the Principal Orders as subparagraph 52.1(f)(vii).

The purpose of the amendment is to reflect the repeal of subparagraph 52.1(f)(vii) (see Item 159).

Item 160 omits the words ‘has a tail attached to its tail and’ from subparagraph 51.1(b)(vi) of Schedule 7 to the Principal Orders.

The purpose of the amendment is to reflect that the use of tail tags is no longer required to identify cattle as eligible for export to a member State of the EU (see Item 150).

Item 161 repeals subparagraph 53.1(c)(vi) of Schedule 7 to the Principal Orders.

The purpose of the amendment is to reflect that the use of tail tags is no longer required to identify cattle as eligible for export to a member State of the EU (see Item 150).

Item 162 renumbers subparagraph 53.1(c)(vii) of Schedule 7 to the Principal Orders as subparagraph 53.1(c)(vi).

The purpose of the amendment is to reflect the repeal of subparagraph 53.1(c)(vi) (see Item 161).

Item 163 omits the words ‘, has a tail tag attached to its tail’ from subparagraph 54.1(a)(ii) of Schedule 7 to the Principal Orders.

The purpose of the amendment is to reflect that the use of tail tags is no longer required to identify cattle as eligible for export to a member State of the EU (see Item 150).

Item 164 substitutes clause 57 including the note of Schedule 7 to the Principal Orders with a new clause 57 relating to inspection of accredited properties.

New subclause 57.1 provides that an authorised officer may conduct an inspection of an accredited property at any time. New subclause 57.2 provides that the inspection may relate to compliance with either the requirements of Part 4 of Schedule 7 to the Principal Orders that apply to the property or to an undertaking given by the manager of the property under Part 4 of Schedule 7 to the Principal Orders, or both.

New subclause 57.3 provides that, without limiting subclause 57.1, the authorised officer may inspect records held at the property or carry out testing to determine whether animals at the property have been treated with hormonal growth promotant (HGP).

New subclause 57.4 allows the authorised officer to request the manager of an accredited property to produce specified records held at the property for inspection by the authorised officer. When requested, the manager of the property must as soon as is reasonably practicable produce the records for the authorised officer.

New subclause 57.5 makes it clear that if before an inspection begins, the manager of the accredited property requests that the authorised officer produces his or her identity card, the authorised officer must do so. The newly inserted note 1 refers to order 21 of the Act for identity cards issued to authorised officers. Note 2 refers to Division 7 of Part III of the Act for enforcement powers.  

The purpose of the amendment is to make clear the specific matters relating to the inspection of accredited properties for the determination of compliance with the requirements of or an undertaking made under Part 4 of Schedule 7 to the Principal Orders, including inspection of records and testing animals for HGP treatment.

The amendment clarifies the right of the manager of an accredited property to request an authorised officer to produce his or her identity card prior to commencement of an audit and provides for the manager to comply with an authorised officer’s request to inspect records held at the property.

Item 165 substitutes paragraphs 58.3(c) and 58.3 (d) of Schedule 7 to the Principal Orders with new paragraphs 58.3(c), 58.3(d) and 58.3(e).

New paragraph 58.3(c), 58.3(d) and 58.3(e) provide that the Secretary of the Department may, by written notice, revoke the accreditation of a property if the manager has:

• failed to make available a document available to the authorised officer that the manager is required to keep under the Principal
• failed to comply with subclause 57.4 (in producing documents requested by an authorised officer).

• failed to consent to the authorised officer accessing the property or provide reasonable assistance to the authorised officer for the purposes of the authorised officer performing functions or exercising powers under the Principal Orders (including testing of animals). 

The purpose of the amendment is to expand on the responsibilities of the manager of an accredited property under Part 4 of Schedule 7 to the Principal Orders, of which any non‑compliance may constitute the grounds for revocation of the property’s accreditation. It also reflects current operational practice. The main changes reflected in the amendment are to:

• broaden the manager’s responsibility from providing consent to an authorised officer to access the property to also include providing reasonable assistance to an authorised officer for the purposes of the performing functions or exercising powers under the Principal Orders;

• provide that a failure of the manager to comply with subclause 57.4, which relates to a failure to produce records requested by an authorised officer as soon reasonably practicable, may constitute a ground for the Secretary to revoke the accreditation of the property for the purpose of Part 4 of Schedule 7 of the Principal Orders.    

Item 166 substitutes each mention of the word ‘authorized’ in the Table of Contents for Schedule 8 to the Principal Orders with ‘authorised’.

The purpose of the amendment is to correct typographical errors.

Item 167 substitutes the word ‘application’ in note 2 to subclause 1.1 of Schedule 8 to the Principal Orders with ‘applications’.

The purpose of the amendment is to correct a grammatical error.

Item 168 substitutes the heading to subclause 3.1 of Schedule 8 to the Principal Orders with a new heading. The only change to the heading is substituting the word ‘authorized’ with ‘authorised’.

The purpose of the amendment is to correct a typographical error.

Item 169 substitutes each mention of the word ‘authorized’ in subclause 3.1 of Schedule 8 to the Principal Orders with ‘authorised’.

The purpose of the amendment is to correct typographical errors.

Item 170 omits ‘,7’ in note 1 to subclause 3.1 of Schedule 8 to the Principal Orders.

The purpose of the amendment is to correct a typographical error.

Items 171 and 172 substitute the word ‘authorized’ in subclauses 4.1 and 5.2 of Schedule 8 to the Principal Orders with ‘authorised’.

The purpose of the amendments is to correct typographical errors.

Items 173 and 174 substitute the word ‘authorized’ in paragraphs 6.1(a) and 7.3(a) of Schedule 8 to the Principal Orders with ‘authorised’.

The purpose of the amendments is to correct typographical errors.

Item 175 substitutes the words ‘at the time it is generated’ in subclause 9.1 of Schedule 8 to the Principal Orders with ‘at the time it is given’. 

The purpose of the amendment is to make operation of the Principal Orders clearer. The intent of this provision has not changed.

Item 176 substitutes the heading to subclause 12.1 of Schedule 8 to the Principal Orders with a new heading. The only change to the heading is substituting the word ‘authorized’ with ‘authorised’.

The purpose of the amendment is to correct a typographical error.

Item 177 substitutes the word ‘authorized’ in subclause 12.1 of Schedule 8 to the Principal Orders with ‘authorised’.

The purpose of the amendment is to correct a typographical error.

Item 178 substitutes each mention of the words ‘State and Territory’ in subclause 15.2 of Schedule 8 to the Principal Orders with ‘State or Territory’.

The purpose of the amendment is to correct typographical errors.

Item 179 substitutes the note to subclause 15.2 of Schedule 8 to the Principal Orders with a new note. The only change to the note is substituting ‘State and Territory’ with ‘State or Territory’.

The purpose of the amendment is to correct typographical errors.

Item 180 inserts an entry for clause 5A into the Table of Contents of Schedule 9 to the Principal Orders with the words ‘Identity Cards’.

This purpose of the amendment is to reflect the insertion of clause 5A into Schedule 9 to the Principal Orders (see Item 183).

Item 181 substitutes subparagraph 1.2(b)(iii) of Schedule 9 to the Principal Orders with a new subparagraph 1.2(b)(iii).  The only change to subparagraph 1.2(b)(iii) is the omission of the word ‘and’ after ‘meat and meat products;’.

The purpose of the amendment is to correct a typographical error.

Item 182 inserts a new subclause 4.2 after subclause 4.1 of Schedule 9 to the Principal Orders which provides that the Secretary of the Department is taken to have decided not to approve an application for approval of an auditor if the Secretary of the Department has not made a decision whether to approve the applicant as an auditor within 30 days of the application being made,.

The purpose of the amendment is to reflect current operational practice.

Item 183 inserts a new clause 5A after clause 5 of Schedule 9 to the Principal Orders relating to identity cards for approved auditors. New subclause 5A.1 provides that an identity card issued to an approved auditor must be in a form approved by the Secretary of the Department..

New subclause 5A.2 provides that if the person in possession of an identity card ceases to be an approved auditor, then the person must immediately return the identity card to an authorised officer. Non-compliance with subclause 5A.2 is a level 1 penal provision. The note clarifies that a breach of a level 1 penal provision is punishable by a fine of up to 10 penalty units under regulation 4 of the Principal Regulations.

The purpose of the amendment is to provide for the identification of an approved auditor under clause 5 of Schedule 9 to the Principal Orders. The amendment also relates to an amendment to suborder 58.2, which provides for an audited person to request an auditor to produce his or her identity card for inspection prior to commencement of an audit (see Item 46). The issuing of an identification card and the penalty for a failure to the card provides an effective means to ensure that an approved auditor can be easily identified. This provision is also consistent with relevant provisions in the Wild Game Meat Order and Poultry Meat Order.

Item 184 substitutes paragraph 6.1(b) of Schedule 9 to the Principal Orders with a new paragraph 6.1(b). The only change to paragraph 6(1)(b) is removing the words ‘for making the statement’ in subparagraph 6.1(b)(ii).

The purpose of the amendment is to redraft the paragraph for clarity and to remove the use of repetitive wordings. The intent of this provision has not changed.

Item 185 substitutes the word ‘applicant’ in paragraph 11.1(a) of Schedule 9 to the Principal Orders with ‘person’.

The purpose of the amendment is to ensure consistent use of terminology in the Principal Orders. The intent of this provision has not changed.

Item 186 substitutes paragraph 11.1(e) of Schedule 9 to the Principal Orders with a new paragraph 11.1(e) which is a redraft of the previous paragraph for clarity and to remove the use of repetitive wording. The intent of this provision has not changed.

Item 187 substitutes the heading to Schedule 10 to the Principal Orders with a new heading. The only change to the heading is substituting the word ‘authorized’ with ‘authorised’.

The purpose of the amendment is to correct a typographical error.

Item 188 substitutes each mention of the word ‘authorized’ in the note under subclause 1.2 of Schedule 10 to the Principal Orders with ‘authorised’.

The purpose of the amendment is to correct typographical errors.

Item 189 substitutes the word ‘authorized’ in paragraph 2.1(c) of Schedule 10 to the Principal Orders with ‘authorised’.

The purpose of the amendment is to correct typographical errors.

Item 190 substitutes the words ‘paragraphs 17.03(3)(a) and 17.04(3)(b) and subclause 17.04(4)’ in subclause 2.1 of Schedule 10 to the Principal Orders with ‘paragraphs 17.03(3)(a) and (b) and subclause 17.03(4)’.

The purpose of the amendment is to correct typographical errors.

Item 191 substitutes each mention of the word ‘authorized’ in subparagraphs 9.1(b) and 9.1(c) of Schedule 10 to the Principal Orders with ‘authorised’.

The purpose of the amendment is to correct a typographical error.

ATTACHMENT

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Export Control (Meat and Meat Products) Amendment (2014 Measures No. 1) Order 2014

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

This Legislative Instrument amends the Export Control (Meat and Meat Products) Orders 2005 (Principal Orders) to:

• remove the redundant requirement for the use of tail tags to identify cattle for export to the European Union (EU);
• include a specific power to apply a disposition for meat and meat products that have breached the product integrity requirements to provide for the flexibility to better manage integrity breaches;
• harmonise the administrative provisions of the Principal Orders with those of the Export Control (Wild Game Meat and Wild Game Meat Products) Orders 2010 (Wild Game Meat Order) and Export Control (Poultry Meat and Poultry Meat Products) Orders 2010 (Poultry Meat Order), to enable a more consistent regulatory approach to the exports of the different meat commodities and improve administrative efficiency;
• update the reference to and reflect the requirements of the Australian Standard for the Hygienic Production and Transportation of Meat for Human Consumption (AS4696:2007) (2007 Australian Meat Standard);
• update the reference to the Australia New Zealand Food Standards Code (Food Standards Code);
• remove a number of penalties that are unlikely to be imposed;
• require that inspections of EU accredited properties arranged by the Secretary of the Department under subclause 57.1 of Schedule 7 to the Principal Orders are undertaken by authorised officers appointed under section 20 of the Act; and
• correct a number of grammatical and typographical errors in the Principal Orders.

Human rights implications

This Legislative Instrument engages the following rights:

• the right to protection against arbitrary and unlawful interferences with privacy in  Article 17 of the International Covenant on Civil and Political Rights (ICCPR)
• the right of a fair trial and fair hearing rights including the right to be free from self-incrimination and the right to presumption of innocence in Article 14 of the ICCPR

Rights to protection from arbitrary interference with privacy

Article 17 of the ICCPR prohibits arbitrary or unlawful interference with an individual’s privacy, family, home or correspondence, and protects a person’s honour and reputation from unlawful attacks. This right may be subject to permissible limitations where those limitations are provided by law and are non-arbitrary. In order for limitations not to be arbitrary, they must seek to achieve a legitimate objective and be reasonable, necessary and proportionate to this purpose.

The amendments to Schedule 1 to the Principal Orders include powers to collect and use personal information, including whether a person, in whose name an establishment is registered (or each partner, if it is a partnership), or any other person who is to manage or control the operations, have been convicted of a serious offence. The collection and use of the information is for the purpose of enabling the Secretary of the Department to apply a ‘fit and proper person test’. The fit and proper person test is for the legitimate objective of ensuring the person who holds the registration of the establishment and the approval for an arrangement is a person who is able to appropriately and responsibly manage or control the operations. Part VIIC of the Crimes Act 1914 allows, in certain circumstances, that a person does not need to disclose spent convictions and requires persons who are aware of the spent convictions to disregard the convictions. The requirement to disclose information only extends to circumstances which provide for a privilege rather than a right, which in this context relates to a person’s privilege to hold the registration for an establishment and approval for an arrangement and it is not a requirement placed on the general public.

The amendments to Division I of Part 6 of the Principal Orders include powers to conduct audits for operations that are carried on at registered establishments and powers to be exercised on those premises, including the ability to access the premises, observe the operations, operate any equipment, interview personnel, take extracts of documents and sample anything on the premises. The amendments to clause 57 of Schedule 7 to the Principal Orders provide for the powers to conduct inspection of properties accredited for the purpose of exporting meat and meat products to the EU, including the powers to inspect records held at the property and carry out testing to determine whether animals held at the property have been treated with hormonal growth promotant. These provisions may operate to limit the right to protection from arbitrary interference with privacy by enabling the entry of premises or properties and the inspecting or obtaining of documents which may include personal information. The purpose of these powers is to determine whether there is any non-compliance with the Act, Principal Orders or requirements and conditions of the approved arrangements or accredited properties.

The above provisions are necessary to achieve the legitimate purpose of ensuring that the relevant information required under the Principal Orders and information required to assess compliance with the Principal Orders is accessible and available. For example, entry to premises is only permitted if the premises are part of a registered establishment or if not, only under consent or a warrant. Premise entry for the purposes of conducting an audit may be done without a warrant or consent as the relevant premises are part of a registered establishment, whereby consent to entry is implied by the voluntary nature of the registration (and is a condition of the registration). A warrant to enter premises that are not part of the registered establishment may only be granted if there are reasonably necessary to establish whether there is any non-compliance with the Act, Principal Orders or requirements and conditions of the approved arrangement. In addition, it is a requirement that an auditor present his or her identity card for inspection prior to commence an audit if requested by the audited person.

The protections described above are necessary, reasonable and proportionate to the legitimate purpose of investigating and ensuring deterrence for non-compliance with the Act, the Principal Orders or requirements and conditions of the approved arrangement that may adversely affect the export trade of meat and meat products.

Right to be free from self-incrimination

Article 14(3)(g) of the ICCPR protects the right to be free from self-incrimination in the determination of criminal charge by providing that a person may not be compelled to testify against him or herself or confess guilt. The common law also recognises the privilege against self-incrimination which applies unless expressly or impliedly overridden by statute. The privilege against self-incrimination may be subject to permissible links. Any limitations must be for a legitimate objective, and be reasonable, necessary and proportionate to the objective.

This Legislative Instrument operates to limit this right in relation to the information gathering provisions of order 59, Part 1 of Schedule 1 and clause 57 of Schedule 7 as amended (requiring information or document in relation to an application for a registered establishment and approved arrangement, during an audit of a registered establishment or during an inspection of an accredited property). Removing the privilege in these circumstances is necessary to ascertain compliance with the Act, Principal Orders and conditions of an approved arrangement or requirements of an accredited property. Upholding privilege in relation to individuals who have information regarding a potential non-compliance could have significant consequences such as to damage to Australia’s reputation in the export trade market. Removal of the privilege ensures that the assessment of potential non-compliance and application of response measures can occur as urgently as necessary and reflects the magnitude of the potential impacts the risks pose.

These limitations are reasonable and proportionate to achieving the objective to protect Australia’s export trade market.

Right to the presumption of innocence

Article 14(2) of the ICCPR states that everyone charged with a criminal offence shall have the right to be presumed innocent until proven guilty according to law. The right to presumption of innocence is also a fundamental common law principle. Laws which shift the burden of proof  to a defendant, commonly known as ‘reverse burden provisions’, can be considered a limitation of the presumption of innocence. This is because the defendant’s failure to discharge a burden of proof or prove an absence of fault may permit their conviction despite reasonable doubt as to their guilt. This includes where an evidential or legal burden of proof is placed on a defendant or where strict liability is applied to an offence.

Reverse burden offences will not necessarily be inconsistent with the presumption of innocence provided that the reverse burden pursues a legitimate objective and is reasonable, necessary and proportionate to achieving that objective. Whether a reverse burden provision impermissibly limits the rights to the presumption of innocence will depend on the circumstances of the case, and the particular justification for the reverse burden. Relevant factors to consider when determining if a reverse burden provision is justified include whether:

• the penalties are at the lower end of the scale
• the offences arise in a regulatory context where participants may be expected to know the duties and obligations
• the offences only impose an evidential burden (as the precaution must still disprove the matters beyond reasonable doubt if the defendant discharges the evidential burden, and
• the burden relates to facts which are readily provable by the defendant as matter within their own knowledge or to which they have ready access.

This Legislative Instrument may operate to limit the right to be presumed innocent through imposing an evidential burden on the defendant in relation to a range of matters and through the application of strict liability to a range of offences in the Legislative Instrument. When a defendant bears an evidential burden in relation to an exception, it means that the defendant bears the burden of pointing to evidence that suggests a reasonable possibility that the exception is made out. If this is done, the prosecution must refute the exception beyond reasonable doubt.

Subclause 5A.2 of Schedule 9 to the Principal Orders create an offence of strict liability where a person fails to return an identity card in the prescribed circumstances. The defendant bears the evidential burden of proving the exception that the identity card was lost or stolen. It is necessary that the defendant bears the evidential burden in the subclause in order to achieve the legitimate purpose of preventing identity cards from being obtained and used by unauthorised persons. This subclauses are reasonable and proportionate to the legitimate objective because the defendant will have the requisite knowledge to adduce evidence of this exception and also because the penalty for this offence is low (a fine of up to 10 penalty units).

The defendant also bears the evidential burden of proving an exception in relation to the following provisions which provide for an offence for non-compliance:

• order 78 – an exporter fails to comply with a direction given by an authorised officer;
• subclause 8.1 of Schedule 1 – an occupier of a registered establishment fails to prominently display a copy of the current certificate of registration at the establishment;
• subclause 12.2 of Schedule 1 – a person who manages or controls the operations carried on at a registered establishment fails to notify the Secretary of the Department in writing, of any convicted serious offence;
• subclause 14.2 of Schedule 1 – an occupier of a registered establishment fails to make and keep records of any variation to an approved arrangement, including the statement of reasons for the variation;
• subclause 15.1 of Schedule 1 – an occupier of a registered establishment fails to comply with the requirements specified in paragraphs 15.1(d) to 15.1 (f) of Schedule 1 prior to implementing a variation to the approved arrangement;
• subclause 30.3 of Schedule 1 – an occupier of a registered establishment fails to comply with a written notice issued by the Secretary of the Department to take specific actions.

These provisions are reasonable and proportionate to the legitimate objective because the defendant will have the requisite knowledge to establish the exceptions, for example, that they have the appropriate records to document the variations to an approved arrangement.

The penalty provisions within the Legislative Instrument places the same evidential or legal burden on a defendant in the same circumstances as the existing offences. The exceptions are, with the amendments to orders 32, 33 and 50, which remove the penalty provisions altogether. The alignment of the new provisions with the old provisions results in the least impact on all parties to which these provisions relate.

The offence-specific exceptions included in the Legislative Instrument are compatible with Article 14(2) of the ICCPR. In consideration that the offences specified above impose an evidential, rather than legal burden on the defendant and the burden relates to facts which are readily within the person’s knowledge, the offences are necessary, reasonable and proportionate to the legitimate objective of protecting Australia’s export trade.

Conclusion

This Legislative Instrument is compatible with human rights because it advances the protection of human rights and to the extent that it may also limit human rights, those limitations are reasonable, necessary and proportionate to achieve legitimate objectives.

The Hon. Barnaby Joyce MP

Minister for Agriculture