Game, Poultry and Rabbit Meat Orders (Amendment)

Overview

The Export Control (Orders) Regulations 1985, specifically the Game, Poultry and Rabbit Meat Orders (Amendment) Orders No. 11 of 1985, were enacted to amend the existing Game, Poultry and Rabbit Meat Orders, addressing certain logistical issues in the exportation process. These regulations were introduced by the Minister of State for Primary Industry, reflecting the government's intent to refine export control measures to better align with international standards and requirements. The primary objective of these amendments was to facilitate smoother trade by ensuring that the seals used on export cartons meet the specific criteria set by foreign authorities, thereby avoiding potential disruptions in the export process.

Scope and Application

The Export Control (Orders) Regulations, specifically the Game, Poultry and Rabbit Meat Orders (Amendment) Orders No. 11 of 1985, applies to the export of game meat, poultry, and rabbit meat from the Commonwealth of Australia. These regulations are designed to ensure that these products meet the necessary standards and requirements set by foreign country authorities when exported. They apply to all individuals or entities that are involved in the packing and exporting of these goods, particularly those operating from registered establishments within Australia. The regulations have a national scope, applying across the Commonwealth of Australia, and are intended to ensure compliance with international standards and the specific requirements of importing countries. The amendments introduced by these Orders allow for the use of a seal specified by foreign country authorities as an alternative to the official mark for certain export purposes, while also repealing certain previous requirements regarding the use of official marks on exported goods. The application of these Orders is facilitated and can be extended through subordinate instruments, which may provide further details or clarification on the implementation and enforcement of these regulations.

Key Provisions

The Export Control (Orders) Regulations (Orders No. 11 of 1985) amend the Game, Poultry and Rabbit Meat Orders (No. 3 of 1985) to include specific provisions concerning the sealing of cartons for export. These changes, effective from 4 November 1985, introduce requirements for sealing cartons containing prescribed goods to meet foreign country authorities' standards. Section 3 of these orders modifies Order 10 by omitting and adding specific criteria for the application of official marks and seals. Specifically, Order 10 of the Principal Orders now includes a seal in accordance with Order 15. Orders 15 through 19 of the Principal Orders are repealed and replaced with new provisions that mandate the materials, colour, dimensions, and application process for these seals. These seals must be made from treated paper or other suitable material, white in colour, firmly adhere to the carton, and meet specific dimensional requirements. Additionally, authorized officers may permit the application of an official mark to the seal, as specified in Schedule 11 to the Prescribed Goods (General) Orders. These regulations impose several obligations on the parties involved, primarily the occupiers of registered establishments. They must ensure that the seals applied to cartons containing prescribed goods comply with the specifications outlined in the amended Orders. This includes using treated paper or other suitable material, adhering to the colour and dimension requirements, and applying the seal in accordance with the foreign country authority's requirements. Moreover, occupiers must cooperate with authorized officers during the sealing process, allowing the application of an official mark as needed. The regulations also require that the seals be applied in a manner that meets the specific needs of the foreign country authorities, ensuring that the exported goods meet international standards. Failure to comply with these provisions can result in significant consequences. While the specific penalties are not detailed within these orders, breaches of export control regulations can lead to a variety of civil and criminal consequences under the broader Export Control Act. These may include fines, imprisonment, or other penalties as prescribed by the relevant legislation. The exact penalties depend on the severity of the breach and the specific provisions of the Act. It is crucial for occupiers of registered establishments to adhere to these regulations to avoid legal repercussions and ensure the smooth export of prescribed goods.