Livestock Export (Merino) Orders (Amendment) (No. 1 of 1992)

Overview

The Export Control (Orders) Regulations, specifically the Livestock Export (Merino) Orders No 1 of 1992, were enacted to address issues within the export of merino livestock, particularly rams, and related reproductive material. These Orders were made under the authority of the Export Control (Orders) Regulations by the Minister of State for Primary Industries and Energy. The primary policy objective of these Orders was to ensure that the export of merino livestock and their reproductive material adhered to specific guidelines and conditions established by the Australian Association of Stud Merino Breeders Ltd. This was intended to maintain the quality and integrity of the merino breed in both domestic and international markets. The regulations aimed to streamline and regulate the export process, ensuring it aligned with the standards set forth by the Australian Association of Stud Merino Breeders Ltd, thereby protecting the interests of breeders and the reputation of Australian merino livestock abroad.

Scope and Application

The Livestock Export (Merino) Orders No 1 of 1992, made under the Export Control (Orders) Regulations, apply specifically to the export of Merino livestock and reproductive material within the Commonwealth of Australia. These Orders are concerned with the regulation of the export of Merino rams and related reproductive materials, ensuring that such exports adhere to the guidelines and conditions set forth by the Australian Association of Stud Merino Breeders Ltd. The Orders modify definitions within the existing framework, such as "designated export auction," "merino," "reproductive material," "semen," "embryos," and "ova," to clarify and refine the parameters under which these exports can occur. These amendments are intended to provide more precise oversight and control over the export activities pertaining to Merino livestock and their reproductive materials, thereby ensuring that such exports meet the stipulated standards and conditions. The Orders are applicable nationwide, affecting all entities and individuals involved in the export of Merino livestock and reproductive material across Australia.

Key Provisions

The primary operative sections of the Livestock Export (Merino) Orders No 1 of 1992 involve several key amendments to the definition of terms used within the Orders (suborders 4.1). Firstly, the definition of “designated export auction” is modified to specify that it refers to an export auction that is designated by the Australian Association of Stud Merino Breeders Ltd, as published in the “Guidelines and Conditions for Export Sales as at 17 June 1992” prior to the Orders' coming into effect for the 1992 ram selling season (suborder 4.1). Additionally, the definition of “merino” is updated to cover both live animals and reproductive material, where a live merino is a ram or ewe that is, or could be, registered in the Australian Stud Merino Flock Register under the rules of the Australian Association of Stud Merino Breeders Ltd, and reproductive material such as embryos, ova, or semen must derive from a merino animal (suborder 4.1). The definition of “reproductive material” is also changed to specify that it refers only to the semen of a merino ram (suborder 4.1). Furthermore, the Orders incorporate definitions for “semen” and “embryos” and “ova,” specifying that semen comes from a merino ram and embryos and ova come from a merino ewe (suborder 4.1). The Livestock Export (Merino) Orders impose specific obligations and requirements on parties or entities involved in the export of merino livestock and their reproductive material. These obligations include ensuring that any export auctions are designated by the Australian Association of Stud Merino Breeders Ltd as per the specified guidelines and conditions (suborder 4.1). Furthermore, any merino livestock or reproductive material subject to export must meet the new definitions provided in the Orders, ensuring that only animals and material that derive from merino stock are eligible for export (suborder 4.1). The Orders also require that any entities involved in the export process comply with the rules set forth by the Australian Association of Stud Merino Breeders Ltd and the Department of Primary Industries and Energy. The Orders do not explicitly mention any specific offences, penalties, or consequences for breaches. However, under the Export Control (Orders) Regulations, breaches of export control orders can lead to significant civil and criminal penalties. For instance, under section 86 of the Export Control Act 1982, a person can be subject to a fine of up to $22,200 for an individual or $111,000 for a body corporate for each offence if found guilty of contravening an export control order. Furthermore, under section 87, a person can be imprisoned for up to two years for each offence if found guilty. These penalties underscore the importance of compliance with the Orders and the broader export control regulations.