Export Control Repeal Order 2011

Overview

The Export Control Repeal Order 2011 was made under the Export Control (Orders) Regulations 1982 by the Minister for Agriculture, Fisheries and Forestry, and it is issued under the authority of the Export Control Act 1982. This Order was introduced to address the issue of temporarily suspended livestock exports to the Republic of Indonesia, which had been halted due to concerns over animal welfare. The primary policy objective of this Order is to resume livestock exports to Indonesia, ensuring that these exports comply with the legislative requirements of the Export Control Act 1982 and the Australian Meat and Livestock Industry Act 1997. By repealing the Export Control (Export of Livestock to the Republic of Indonesia) Order 2011 and the Export Control (Protection of Animal Welfare) Order 2011, the Order aims to reinstate trade while maintaining high standards of animal welfare as agreed internationally. This resumption of trade is expected to further develop the existing mutually beneficial trading relationship between Australia and Indonesia.

Scope and Application

The Export Control Repeal Order 2011 applies to entities and persons involved in the export of livestock, particularly to the Republic of Indonesia, and is made under the Export Control (Orders) Regulations 1982, which itself is authorised by the Export Control Act 1982. The primary purpose of this Order is to repeal the Export Control (Export of Livestock to the Republic of Indonesia) Order 2011 and the Export Control (Protection of Animal Welfare) Order 2011, facilitating a resumption of livestock exports to Indonesia provided they meet the legislative requirements under the Export Control Act 1982 and the Australian Meat and Livestock Industry Act 1997. This repeal signifies the conclusion of a temporary suspension of such exports, allowing trade to resume while ensuring adherence to animal welfare standards. The Order operates within the Commonwealth jurisdiction and works in conjunction with changes made under the Australian Meat and Livestock Industry Act, reflecting a coordinated approach to reinstate and regulate the trade of livestock.

Key Provisions

The Export Control Repeal Order 2011 (Order) is primarily concerned with repealing two existing orders, namely the Export Control (Export of Livestock to the Republic of Indonesia) Order 2011 and the Export Control (Protection of Animal Welfare) Order 2011 (Section 3). This repeal is intended to facilitate the resumption of livestock exports to the Republic of Indonesia, provided these exports meet the legislative requirements under the Export Control Act 1982 (Act) and the Australian Meat and Livestock Industry Act 1997 (AMLI Act). The Order comes into effect on the day following its registration (Section 2). The Order imposes specific obligations on entities involved in the livestock export industry. It mandates that any livestock exported to the Republic of Indonesia must adhere to the legislative requirements outlined in the Act and the AMLI Act. This includes ensuring that the animals are treated in accordance with internationally agreed animal welfare standards. The Order, in conjunction with amendments to other orders under the AMLI Act, is designed to reinstate the export trade while addressing animal welfare concerns. Entities involved in livestock exports must now comply with the regulatory framework established under the Act and the AMLI Act. This involves ensuring that all livestock meet the necessary health and welfare standards before export. The Australian Government will also continue to collaborate with the Indonesian Government to develop and maintain a mutually beneficial trading relationship, focusing on meeting internationally agreed animal welfare standards across livestock supply chains. Breaches of the provisions set out in the Order can result in civil or criminal penalties. Under the Act, non-compliance with the export controls can lead to fines and, in severe cases, imprisonment. The maximum penalties are determined by the specific nature of the offence, with potential fines up to a substantial amount and imprisonment for several years, depending on the seriousness of the breach. It is imperative for entities involved in livestock exports to ensure full compliance with the legislative requirements to avoid these consequences.