Exports (Meat) Regulations (Amendment)

Legislation au C2004L04564 Regulations Not in force Legislative Instrument

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Statutory Rules

1980 No. 392

REGULATION UNDER THE CUSTOMS ACT 1901 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 19051

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905.

Dated this twenty-second day of December 1980.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

PETER NIXON

Minister of State for Primary Industry

and for and on behalf of the

Minister of State for Business and Consumer Affairs

 

Amendments of the Exports (Meat) Regulations2

Second Schedule

  The Second Schedule to the Exports (Meat) Regulations is amended 

 (a) by omitting from sub-paragraph (1) of paragraph 3 cattle and stunned and substituting cattle, calves and “rendered unconscious” respectively;

 (b) by omitting from sub-paragraph (2) of paragraph 3 pigs and stunned and substituting pigs, sheep, lambs or goats and “rendered unconscious” respectively;

 (c) by omitting sub-paragraphs (3) and (4) of paragraph 3 and substituting the following sub-paragraph:

 (3) Where, for the purpose of complying with the requirements of the Jewish faith or the Islamic faith, the animal from which the meat was obtained was bled without first being rendered unconscious, this paragraph does not apply to or in relation to the meat unless there was a failure to comply with a direction given by the veterinary officer-in-charge designed to eliminate undue suffering by the animal.”; and

 (d) by omitting from paragraph 3A “stunned and substituting rendered unconscious.

Notes

1. Notified in the Commonwealth of Australia Gazette on 31 December 1980.

2. Statutory Rules 1961 No. 93 as amended to date. For previous amendments see Note 2 to Statutory Rules 1980 No. 134 and see also Statutory Rules 1980 Nos. 134, 268, 293 and 300.

Overview

Statutory Rules 1980 No. 392, made under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, addresses specific amendments to the Exports (Meat) Regulations. Enacted by the Governor-General of the Commonwealth of Australia, with advice from the Federal Executive Council, this regulation aims to refine the requirements for exporting meat to ensure compliance with religious practices while maintaining animal welfare standards. The policy objective behind these amendments is to accommodate the religious requirements of the Jewish and Islamic faiths, which include the ritual slaughter of animals without prior stunning, provided that undue suffering is avoided. The regulation updates terminology to reflect broader animal categories and specifies conditions under which meat from animals slaughtered according to these religious practices can be exported.

Scope and Application

The Statutory Rules 1980 No. 392 amends the Exports (Meat) Regulations, impacting the persons and entities involved in the export of meat, particularly focusing on the treatment of animals before slaughter. This regulation applies across the Commonwealth of Australia and is made under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905. It pertains to the treatment of cattle, calves, pigs, sheep, lambs, and goats, ensuring that these animals are rendered unconscious before slaughter, except in cases where religious practices of the Jewish faith or the Islamic faith dictate otherwise. In such religious instances, animals must be bled without first being rendered unconscious, but any failure to comply with veterinary officer-in-charge directions designed to eliminate undue suffering by the animal will still trigger the regulation’s application. The amendments highlight a balance between respecting religious practices and ensuring animal welfare standards are maintained during the export process.

Key Provisions

The main operative sections of the legislation pertain to the Exports (Meat) Regulations under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905. Specifically, the regulations address the requirements for the export of meat, particularly in relation to the treatment of animals prior to slaughter. Section 3 of the Second Schedule has been amended to include more specific language about the types of animals covered and the condition in which they must be rendered prior to meat export. For instance, the term "cattle" has been expanded to include "cattle, calves," and the term "stunned" has been replaced with "rendered unconscious" to provide clarity on the necessary conditions (Paragraph 3(1)). Similarly, the term "pigs" has been expanded to include "pigs, sheep, lambs or goats," and the same change from "stunned" to "rendered unconscious" has been applied (Paragraph 3(2)). Additionally, the regulation now explicitly states that it does not apply if the animal was bled in accordance with Jewish or Islamic practices without being rendered unconscious, provided there was no failure to comply with veterinary officer directions to prevent undue suffering (Paragraph 3(3)). The obligations imposed by these regulations are significant for parties involved in the export of meat. Exporters must ensure that animals are rendered unconscious before slaughter, except in cases where religious practices dictate otherwise, and only if those practices comply with veterinary officer directives aimed at preventing undue suffering. This includes ensuring that animals are not only identified correctly but also treated humanely in accordance with specified guidelines. These regulations apply to all entities involved in the export of meat, including slaughterhouses, exporters, and veterinary officers, who must ensure compliance with these provisions. Breaches of these regulations can lead to serious consequences. While the specific penalties are not detailed in the legislation, breaches of the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905 can generally result in both civil and criminal penalties. Civil penalties might include fines, and in more severe cases, criminal penalties could apply, potentially including imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law and statutory provisions. The overarching intent is to ensure the humane treatment of animals and the integrity of exported meat products.

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Animal Law
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