Livestock Export (Merino) Orders (Amendment) (No. 1 of 1995)

Overview

The Export Control Act 1982 was enacted to regulate the export of goods, services, technology and other forms of assistance from Australia. The Act was introduced to address the need for a comprehensive framework to manage and control the export of sensitive or strategic items that could pose a risk to national security or foreign policy interests. The Export Control (Orders) Regulations, including the Livestock Export (Merino) Orders (Amendment) No. 1 of 1995, were made under the authority of the Act by the Minister for Primary Industries and Energy, Robert Lindsay Collins, to further refine and clarify the regulations concerning the export of Merino rams. These amendments aimed to streamline the export process while ensuring compliance with established guidelines and conditions set by the Australian Association of Stud Merino Breeders Limited.

Scope and Application

The Export Control (Orders) Regulations, specifically the Livestock Export (Merino) Orders, apply to the export of Merino rams from Australia, governing the conditions under which such exports are permitted. These Orders amend previous legislation, such as the Livestock Export (Merino) Orders No. 1 of 1995, to refine the definition of a "designated export auction" and to provide an exemption from the general prohibition on the export of Merino rams. The Orders apply nationally, affecting entities involved in the Merino export trade, including breeders, auction houses, and exporters. The Orders also establish specific criteria that must be met for an exemption to apply, such as the purchase of the ram at a designated export auction and compliance with certification and ear-tagging requirements set forth by the Australian Association of Stud Merino Breeders Limited. The Orders are subject to further interpretation and application through subordinate instruments as necessary.

Key Provisions

The Export Control (Orders) Regulations, specifically the Livestock Export (Merino) Orders, have been amended by the Export Control (Orders) Regulations (Livestock Export (Merino) Orders (Amendment) No. 1 of 1995). The amendments are made by Robert Lindsay Collins, the Minister for Primary Industries and Energy. The orders modify the definition of "designated export auction" (Order 4.1) and exempt certain Merino rams from the prohibition on their export (Order 8.2(c)). The definition of a "designated export auction" now requires the auction to be declared by the Australian Association of Stud Merino Breeders Limited in accordance with their Guidelines and Conditions for Merino Export Sales, as in force on 8 February 1995, and before the start of the 1995 ram selling season. The exemption from the prohibition on exporting Merino rams applies if the ram was purchased at a designated export auction, a Record of Merino Ram Sold for Export certificate has been issued by the Australian Association of Stud Merino Breeders Limited, and all certification and ear-tagging requirements in the Guidelines and Conditions for Merino Export Sales have been met. Entities and individuals governed by the amended Livestock Export (Merino) Orders must comply with the new definition of "designated export auction." This means that any export auction must be declared as such by the Australian Association of Stud Merino Breeders Limited, in accordance with their Guidelines and Conditions for Merino Export Sales, before the start of the 1995 ram selling season. Additionally, to be exempt from the prohibition on exporting Merino rams, the ram must be purchased at a designated export auction, a Record of Merino Ram Sold for Export certificate must be issued by the Australian Association of Stud Merino Breeders Limited, and all certification and ear-tagging requirements in the Guidelines and Conditions for Merino Export Sales must be met. Failure to comply with the amended Livestock Export (Merino) Orders may result in civil or criminal consequences. The specific penalties are not detailed in the text provided, but breaches of the Export Control Act 1982 or the Export Control (Orders) Regulations may result in fines or imprisonment under Australian law. The precise penalties would depend on the nature and severity of the breach, as well as any relevant case law or statutory provisions. It is essential for parties and entities subject to these orders to understand and adhere to the requirements to avoid potential legal repercussions.