EXPLANATORY STATEMENT
Export Control (Protection of Animal Welfare) Order 2011
made under the Export Control (Orders) Regulations 1982 (under the Export Control Act 1982)
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Authority for making Order
The Export Control (Protection of Animal Welfare) Order 2011 (Order) is made under regulation 3 of the Export Control (Orders) Regulations 1982. That regulation empowers the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations. Regulation 3 is itself authorised by subsection 25(1) of the Export Control Act 1982 (the Act).
Purpose of the Order
The purpose of the Order is to address concerns regarding slaughter of live-stock at the places listed in Schedule 1 to the Order. These are places in which it is considered that slaughter and related operations are not carried out in accordance with the recommendations and standards set out in the Terrestrial Animal Health Code (2010) published by the World Organisation for Animal Health ('OIE recommendations').
The Order prohibits the export of live animals to those places.
However, if in the future the Minister is satisfied that slaughter and related operations at a listed place are in accordance with the OIE recommendations or will conform to those recommendations within a period satisfactory to the Minister, the Minister may grant approval to an exporter to export live-stock to that place. In relation to places where the Minister considers that slaughter and related operations will comply within a satisfactory period, but not that they already comply, the Minister may grant approval for an export only if satisfied that the live-stock in that export will be treated in conformity with the OIE recommendations.
The approval can be given subject to conditions, and can be revoked, including where the Minister is not satisfied that the OIE recommendations are being complied with.
Documents incorporated in the Order by reference
The Order authorises the Minister to grant approval where satisfied that slaughter and related operations at a place comply or will comply with Chapter 7.5 of the Terrestrial Animal Health Code (2010) published by the World Organisation for Animal Health.
Consultation
Given the circumstances in which the Order needs to be made, detailed consultation with industry has not been possible.
Details
Section 1 — Name of Order
This section gives the name of the Order.
Section 2 — Commencement
The Order commences on the day after it is registered in the Federal Register of Legislative Instruments.
Section 3 — Definition
This section defines OIE recommendations. The note to the section gives the Internet address for the Terrestrial Animal Health Code (2010).
Section 4 — Prohibition of exports of live animals
This section prohibits the export of live animals for slaughter in a place described in Schedule 1, which lists the locations of certain abattoirs in Indonesia.
Section 5 — Approvals where places conform to OIE recommendations
This section applies where the Minister is satisfied that slaughter and related operations at a place in the Schedule are being conducted in accordance with relevant OIE recommendations. It also applies if the Minister is satisfied that arrangements are in force that will, within a satisfactory period, ensure that slaughter and related operations at the place will be conducted in accordance with those OIE recommendations.
In that case, the Minister may grant approval for livestock to be exported to that place. In relation to places where the Minister considers that slaughter and related operations will comply within a satisfactory period, but is not satisfied that they already comply, the Minister may grant approval for an export only if satisfied that the livestock in that export will be treated in conformity with the OIE recommendations.
An approval may be conditional.
Subsection 5(3) is a non-exhaustive list of cases where the Minister may revoke an approval, including for failure to comply with the conditions on the approval and where the Minister considers that operations at the place are not being conducted in accordance with relevant OIE recommendations.
Schedule 1
Schedule 1 lists the places covered by the Order.
Overview
The Export Control (Protection of Animal Welfare) Order 2011 was enacted under the Export Control (Orders) Regulations 1982, and is authorised by the Export Control Act 1982. This legislation was introduced to address concerns about the welfare of animals during the slaughter process at specific locations listed in Schedule 1 to the Order. These locations are considered not to comply with the animal welfare standards set out in the Terrestrial Animal Health Code (2010) published by the World Organisation for Animal Health. The primary objective of this Order is to prohibit the export of live animals to these non-compliant locations. However, the Minister for Agriculture, Fisheries and Forestry has the authority to grant conditional approvals for the export of livestock to these places if satisfied that the animal welfare standards will be met, either immediately or within a specified period. The Order also provides for the revocation of approvals if the animal welfare standards are not upheld.
Scope and Application
The Export Control (Protection of Animal Welfare) Order 2011, made under the Export Control (Orders) Regulations 1982 and the Export Control Act 1982, applies to the export of live animals from Australia to specific locations in Indonesia that are listed in Schedule 1. The Order is designed to prevent the export of live animals to places where it is deemed that slaughter and related operations do not meet the animal welfare standards set out in the Terrestrial Animal Health Code (2010) published by the World Organisation for Animal Health. This prohibition aims to ensure that Australian livestock are not subjected to inhumane treatment during export and slaughter. The Order applies to any person or entity seeking to export live animals to the specified Indonesian locations. The Order can be extended or modified through subordinate instruments, allowing the Minister for Agriculture, Fisheries and Forestry to grant conditional approvals for exports to certain locations if satisfied that the operations at those places comply or will comply with the OIE recommendations. Such approvals can be revoked if the Minister determines that the animal welfare standards are not being met. The scope of the Order is limited to the geographic locations specified in Schedule 1, which currently lists particular abattoirs in Indonesia.
Key Provisions
The Export Control (Protection of Animal Welfare) Order 2011 outlines specific provisions under the Export Control Act 1982 aimed at safeguarding animal welfare in the context of livestock exports. Section 2 of the Order states that it will come into effect the day after it is registered in the Federal Register of Legislative Instruments. Section 3 provides a definition for the term "OIE recommendations", referring to the Terrestrial Animal Health Code (2010) published by the World Organisation for Animal Health. Section 4 explicitly prohibits the export of live animals to slaughter in specific locations listed in Schedule 1, which pertains to particular abattoirs in Indonesia. Section 5 addresses the conditions under which the Minister for Agriculture, Fisheries and Forestry may grant approval for the export of livestock to places listed in Schedule 1. The Minister may grant such approval if satisfied that the slaughter and related operations at the place comply with the OIE recommendations, or if arrangements are in place that will ensure compliance within a satisfactory period.
Under the Order, the Minister has several obligations and requirements to fulfil in relation to the listed abattoirs. The primary obligation is to ensure that the export of live animals to these locations is prohibited unless specific conditions are met. When the Minister is satisfied that the abattoirs comply with the OIE recommendations, they may grant approval for exports, subject to conditions. The Minister is also tasked with monitoring compliance with the OIE recommendations and the terms of any approvals granted, and has the authority to revoke approvals if necessary. The Minister must also consider the welfare of the livestock and ensure that any approved exports are conducted in a manner that aligns with the OIE recommendations.
Breaches of the Export Control (Protection of Animal Welfare) Order 2011 can lead to significant consequences. The primary civil and criminal penalties for non-compliance are detailed within the Export Control Act 1982. Those who export live animals in contravention of the Order could face substantial fines. The maximum penalties for such offences can reach up to $22,000 for individuals and $110,000 for corporations. Furthermore, the Order allows for the revocation of any approval granted under Section 5 if the Minister determines that the OIE recommendations are not being followed or that the terms of the approval have been breached. Continued non-compliance could also result in further regulatory action and potential criminal charges under the Export Control Act 1982.