Livestock Export (Merino) Orders (Amendment) (No. 1 of 1993)

Overview

The Export Control Act 1982 was enacted by the Parliament of Australia to regulate the export of goods, services, technology, and information that may impact national security or foreign policy interests. The Act provides the framework for the control of exports, including the establishment of licensing requirements and the imposition of penalties for non-compliance. The Export Control (Orders) Regulations, including the Livestock Export (Merino) Orders (Amendment) made in 1993 under the authority of the Minister for Resources, address specific issues related to the export of livestock, particularly Merino sheep, by setting out detailed guidelines and conditions for such exports. The policy objective of these regulations is to ensure that the export of Merino sheep is conducted in a manner that meets certain standards and safeguards, including the issuance of relevant certificates and compliance with specified conditions to protect the interests of both the industry and the exporting country.

Scope and Application

The Export Control (Orders) Regulations, as amended by the Livestock Export (Merino) Orders (Amendment) 1993, apply specifically to the export of Merino rams from Australia, governing the conditions under which such exports can be conducted. This legislation is applicable to any person or entity involved in the export of Merino rams, including sellers, buyers, and the Australian Association of Stud Merino Breeders Ltd, which is responsible for certifying that rams meet the specified export standards. The amended Orders provide a definition of “designated export auction” and stipulate the exemption criteria that must be met for the export of these animals, ensuring compliance with both Australian and international standards. The geographic reach of these regulations is national, as they pertain to the entire Commonwealth of Australia, and they extend to all Merino rams exported from the country. There are no exclusions or exemptions outlined in the Orders themselves, but compliance with the Guidelines and Conditions for Export Sales published by the Australian Association of Stud Merino Breeders Ltd is mandatory. The application of these regulations may be further detailed or expanded through subordinate instruments issued under the authority of the Export Control Act 1982.

Key Provisions

The primary operative sections of these Orders involve the amendment of the Livestock Export (Merino) Orders. Specifically, Order 4 modifies the definition of "designated export auction" and Order 8 alters the exemption from prohibition criteria (1). The new definition of "designated export auction" requires that the auction be designated by the Australian Association of Stud Merino Breeders Ltd in accordance with the Guidelines and Conditions for Export Sales published by that Association as at 12 March 1993, and before the commencement of the 1993 ram selling season (2.1). In addition, Order 8(2)(c) now specifies that for a ram to be exempt from the prohibition on export, it must have been purchased at a designated export auction, a Record of Merino Ram Sold for Export certificate must have been issued by the Australian Association of Stud Merino Breeders Ltd, and all certification and ear-tagging requirements in the Guidelines and Conditions for Export Sales published by that Association as at 12 March 1993 must have been met (3.1). These Orders impose obligations on parties involved in the export of Merino rams, primarily through the establishment of stringent criteria for what constitutes a "designated export auction" and the conditions under which a ram can be exported. The Australian Association of Stud Merino Breeders Ltd now has the responsibility of designating export auctions and issuing certificates, which must be done in accordance with the specified guidelines and before the commencement of the 1993 ram selling season. Furthermore, any party exporting Merino rams must ensure that the ram was purchased at a designated export auction, that a Record of Merino Ram Sold for Export certificate has been issued, and that all relevant certification and ear-tagging requirements have been fulfilled (3.1). Failure to comply with these Orders could result in civil or criminal consequences. Although the specific penalties are not outlined in the Orders themselves, breaches of the Export Control Act 1982 or its regulations can lead to significant penalties under Australian law. For example, the Act includes provisions for fines and imprisonment for offences such as unauthorised exports, which could apply if individuals or entities fail to adhere to the requirements set forth in these Orders. The maximum penalties for breaches of the Export Control Act 1982 can be substantial, with fines reaching up to $220,000 for individuals and $1,100,000 for bodies corporate, along with potential imprisonment terms (4). Therefore, adherence to these Orders is crucial to avoid such severe repercussions.