Livestock Export (Merino) Orders (Amendment) (No. 1 of 1998)

Overview

The Export Control Act 1982 was enacted to regulate the export of certain goods, services, and technologies from Australia in order to protect national security and foreign policy interests, as well as to ensure compliance with international obligations. The Act empowers the Governor-General to make regulations controlling the export of specified items, and it was introduced to address the need for a cohesive framework to manage and monitor the export of sensitive materials and technologies. The Export Control (Orders) Regulations 1987 provide the legislative basis for the creation of specific export control orders, including those pertaining to livestock exports. The Livestock Export (Merino) Orders (Amendment) No. 1 of 1998 amends previous orders to update definitions and conditions relevant to the export of Merino sheep, reflecting changes in industry practices and international obligations. These amendments were made under the authority of John Anderson, the Minister for Primary Industries and Energy, aiming to streamline the export process while maintaining oversight and compliance with relevant standards.

Scope and Application

The Export Control (Orders) Regulations, specifically the Livestock Export (Merino) Orders (Amendment) No. 1 of 1998, amend the existing Livestock Export (Merino) Orders to update certain definitions and criteria related to the export of Merino livestock. These amendments apply to entities involved in the export of Merino livestock, including breeders, exporters, and agents. The amendments are made under the authority of the Export Control Act 1982, and as such, they have a national reach within Australia. The amendments do not exclude any particular person or entity from their application but are designed to streamline and modernise the regulatory framework governing the export of Merino livestock. Any further extensions or restrictions to the application of these Orders may be made through subordinate instruments, but this particular amendment focuses on updating specific definitions and criteria without introducing new exclusions or exemptions.

Key Provisions

The main operative sections of these Orders, as noted in the table, amend the Livestock Export (Merino) Orders, which govern the export of Merino sheep. Specifically, the Orders modify the definitions of "designated export auction" and "National Register" (Suborder 4.1), and they adjust the criteria under Subparagraphs 8.2 (a) (ii), 8.2 (b) (ii), 8.2 (a) (iii), and 8.2 (b) (iii) by substituting order 6 with order 5A.1. These amendments are effective as of 13 March 1998. The obligations imposed by these Orders require those involved in the export of Merino sheep to adhere to the updated definitions and criteria. For instance, the definition of a "designated export auction" is now based on the date of 13 March 1998, rather than 12 March 1997. Additionally, the Orders mandate that exporters comply with the revised conditions for Merino export sales and nomination of Merino rams as export semen donors, as outlined in the Guidelines and Conditions for Merino Export Sales and Nomination of Merino Rams as Export Semen Donors. Failure to comply with the provisions of these Orders may result in civil or criminal consequences. While the specific penalties are not detailed in the Orders themselves, under the Export Control Act 1982, breaches of the Act or its regulations may lead to penalties including fines and imprisonment. The maximum penalties would depend on the nature and severity of the breach, as determined by the relevant court. It is essential for parties involved in the export of Merino sheep to ensure they are fully aware of and comply with these requirements to avoid potential legal repercussions.