Livestock Export (Merino) Orders (Amendment) (No. 1 of 2000)

Overview

The Export Control Act 1982 was enacted to regulate the export of goods, services, technology, and other materials from Australia to ensure national security and compliance with international obligations. The Act provides the framework for the control of exports that could potentially be used for purposes detrimental to Australia's national security or foreign policy interests. The Export Control (Orders) Regulations, including the Livestock Export (Merino) Orders (Amendment) No. 1 of 2000, were made under the authority of the Act by the Minister for Agriculture, Fisheries and Forestry, Warren Truss. The policy objective of these amendments was to update the definitions and conditions relating to the export of Merino sheep, ensuring that the export processes remain efficient and compliant with current standards and practices. These amendments reflect the evolving nature of the livestock export industry and the need to adapt regulatory measures accordingly.

Scope and Application

The Export Control (Orders) Regulations, including the Livestock Export (Merino) Orders (Amendment) No. 1 of 2000, apply to the export of Merino sheep from Australia, governing the processes, conditions, and guidelines associated with such exports. The legislation is concerned with the management and regulation of the export trade of Merino sheep, impacting entities such as livestock exporters, auction houses, and the Australian government. The amendments specifically address definitions and dates associated with designated export auctions and the National Register, aiming to streamline and update the export process. These Orders extend to the entire Commonwealth of Australia and are enforced by the Minister for Agriculture, Fisheries and Forestry. The Orders do not explicitly state exclusions or exemptions but focus on the administrative and procedural aspects of the export process. The application of these Orders can be further refined or extended through additional subordinate instruments, ensuring the regulation remains effective and relevant in the evolving context of livestock export.

Key Provisions

The Livestock Export (Merino) Orders (Amendment) No. 1 of 2000 amends various provisions of the Livestock Export (Merino) Orders 2 of 1990, which were initially made under the Export Control (Orders) Regulations of the Export Control Act 1982. The amendment includes updates to the definition of "designated export auction" in suborder 4.1 (paragraphs c and d) and the "National Register" in suborder 4.1. Additionally, subparagraph 8.2 (a) (ii) and (b) (ii) have been updated from 11 March 1999 to 8 June 2000. These changes are effective upon gazettal, in accordance with section 25 of the Export Control Act 1982 and section 48 of the Acts Interpretation Act 1901. The obligations imposed by the Livestock Export (Merino) Orders and their amendments include the requirement for the export of Merino livestock to occur through designated export auctions. These auctions must comply with the guidelines and conditions specified in the Orders, including the nomination of Merino rams as export semen donors. The Orders also establish a National Register to record details of eligible Merino livestock, and any changes to the register must be accurately maintained and updated. Additionally, the Orders mandate that any export transactions must adhere to the specified dates and conditions to be considered valid and compliant with the regulations. Breaching the provisions of the Livestock Export (Merino) Orders can result in various penalties and consequences. Those who violate the Orders may face fines and other civil penalties as outlined in the Export Control Act 1982. Criminal penalties may also apply, depending on the severity and intent of the breach. The maximum penalties for criminal offences under the Export Control Act 1982 include substantial fines and potential imprisonment. For example, under section 12 of the Act, an individual found guilty of an offence can be subject to a fine of up to $22,000 for individuals and $110,000 for bodies corporate, along with imprisonment for up to two years. These penalties underscore the importance of adhering to the regulations to avoid legal repercussions.