Livestock Export (Merino) Orders (Amendment) (No. 1 of 1991)

Overview

The Livestock Export (Merino) Orders (Amendment) 1991, made by the Minister for Primary Industries and Energy, John Kerin, amends the Livestock Export (Merino) Orders of 1990 to redefine the term "designated export auction." The purpose of these amendments is to refine the regulatory framework governing the export of Merino livestock, ensuring that the guidelines and conditions for export sales are clearly outlined and overseen by the Australian Association of Stud Merino Breeders Ltd. The policy objective is to maintain the integrity and efficiency of the export process for Merino livestock, aligning it with the updated guidelines published by the Association. These amendments were enacted by the Commonwealth of Australia and were brought into force on 15 May 1991. The Livestock Export (Merino) Orders were initially introduced to address gaps in the regulation of the export of Merino livestock, particularly concerning the export auction process. By specifying that "designated export auction" refers to auctions designated by the Australian Association of Stud Merino Breeders Ltd, as detailed in the "Guidelines and Conditions for Export Sales," the amendments aim to provide clarity and consistency in the export process. Copies of the Guidelines and Conditions for Export Sales can be obtained from the Department of Primary Industries and Energy or by contacting the Australian Association of Stud Merino Breeders Ltd.

Scope and Application

The Livestock Export (Merino) Orders No 1 of 1991, made under the Export Control (Orders) Regulations, apply specifically to the export of Merino sheep, a vital aspect of Australia's pastoral industry. These orders focus on the procedures and guidelines surrounding designated export auctions for Merino sheep, as designated by the Australian Association of Stud Merino Breeders Ltd. The regulations pertain to entities involved in the export of Merino sheep, including breeders, exporters, and auction houses. These orders are nationally applicable, as they fall under the Commonwealth of Australia's purview, ensuring a standardised approach to the export of Merino sheep across the country. The regulations do not explicitly state exclusions, exemptions, or thresholds but are subject to the guidelines published by the Australian Association of Stud Merino Breeders Ltd. Furthermore, the scope and application of these orders can be extended or restricted through subordinate instruments, ensuring that the regulations remain adaptable to changes in industry practices and market conditions.

Key Provisions

The Livestock Export (Merino) Orders No 1 of 1991, as amended, provide specific requirements and definitions pertinent to the export of Merino livestock. According to the legislation, the term "designated export auction" has been revised in suborder 4.1 (1). This new definition now stipulates that such auctions must be designated by the Australian Association of Stud Merino Breeders Ltd, as outlined in the "Guidelines and Conditions for Export Sales" published prior to the commencement of the 1991 ram selling season. Furthermore, these auctions are subject to the guidelines set by the same association on 15 May 1991. The Orders also include a table detailing previous Livestock Export (Merino) Orders made up until the creation of these amended Orders (1). These Orders impose several obligations on the parties involved in the export of Merino livestock. Primarily, they require that any export auction of Merino livestock be designated by the Australian Association of Stud Merino Breeders Ltd in accordance with the specified guidelines (1). This ensures that all auctions meet the criteria set forth by the association and adhere to the conditions laid out in the "Guidelines and Conditions for Export Sales". Additionally, these Orders mandate that the association's guidelines be published and made available to the public, ensuring transparency and compliance with the stipulated export conditions. Breach of these Orders may lead to various consequences, though the specific penalties are not detailed within the text of the Orders themselves. In general, non-compliance with export control regulations can result in civil or criminal penalties, which may include fines, imprisonment, or both, depending on the severity of the breach and the specific provisions of the relevant legislation. For instance, under the Export Control Act 1982, penalties for breaches of export control regulations can include substantial fines and imprisonment terms. It is essential for parties involved in the export of Merino livestock to adhere to these Orders to avoid any potential legal repercussions.