EXPLANATORY STATEMENT
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Export Control Act 1982
Livestock Export (Merino) Orders
Section 25 of the Export Control Act 1982 (the Act) provides that the Governor-General may make regulations empowering the Minister to make orders, not inconsistent with the regulations, with respect to any matter for, or in relation to which, provision may be made by the regulations.
Regulation 3 of the Export Control (Orders) Regulations provides that the Minister may make Orders accordingly.
OUTLINE
The purpose of the Livestock Export (Merino) Orders (Amendment) is to
. include the export auction dates for the 2006 season through incorporation of the current edition of the Guidelines and Conditions for Export Sales and Nomination of Merino Rams as Export Semen Donors, into the Orders
CONSULTATION
Consistent with section 17 of the Legislative Instruments Act 2003 the Australian Government Department of Agriculture, Fisheries and Forestry drafted the amendments to the Orders in consultation with the Australian Association of Stud Merino Breeders Limited (AASMB). The AASMB is the national association that represents six state merino organisations and is the body appointed by the Australian Government to oversee all export auctions for merino breeding rams. The AASMB determines auction dates and quota allocations through a consultative process with its state constituent bodies.
EXPLANATION
Order 4
Suborder 4.1
This in an amendment to the definitions “designated export auction” and “National Register” to provide for the 2006 merino export sales season
. through incorporation of the current edition of Guidelines and Conditions for Merino Export Sales and Nomination of Merino Rams as Export Semen Donors (the AASMB Guidelines) published by the Australian Association of Stud Merino Breeders Limited, as in force at February 2006.
Order 8
Suborder 8.2 (a)(ii) and 8.2 (b)(ii)
This amendment updates suborder 8.2 (a)(ii) and 8.2 (b)(ii) to provide for the 2006 merino export sales season through incorporation of the 2006 edition of the AASMB Guidelines.
The Legislative Instruments Act 2003 and the Statutory Rules Publications Act 1903 apply to these Orders in the manner described in section 25 of the Export Control Act 1982.
Overview
The Export Control Act 1982 was enacted to provide a regulatory framework for the export of goods and services from Australia, ensuring compliance with national security and international obligations. The Livestock Export (Merino) Orders (Amendment) 2006, issued under the authority of the Minister for Agriculture, Fisheries and Forestry, was introduced to address the need for updated export guidelines and conditions for merino breeding rams for the 2006 export season. This legislative instrument was developed in consultation with the Australian Association of Stud Merino Breeders Limited (AASMB), which represents six state merino organisations and is tasked with overseeing all export auctions for merino breeding rams. The policy objective of these amendments is to incorporate the current edition of the Guidelines and Conditions for Export Sales and Nomination of Merino Rams as Export Semen Donors, as published by the AASMB in February 2006, into the existing Orders. This ensures that the export process remains efficient and aligned with the current industry standards and practices.
Scope and Application
The Livestock Export (Merino) Orders (Amendment) pertains to the export of merino sheep, specifically the sale and nomination of merino breeding rams as export semen donors. This Act applies to entities involved in the export of merino sheep, including breeders, auction houses, and exporters, as well as the Australian Association of Stud Merino Breeders Limited, which is responsible for overseeing the export auctions. The geographic scope of this Act is national, as it pertains to the export of Australian merino sheep. The Act is subject to the provisions of the Export Control Act 1982, which empowers the Minister to make orders not inconsistent with regulations, and the Livestock Export (Merino) Orders are subordinate instruments that extend the application of the Act. The Orders were developed in consultation with the Australian Association of Stud Merino Breeders Limited, which represents six state merino organisations and is responsible for determining auction dates and quota allocations. The Orders incorporate the Guidelines and Conditions for Export Sales and Nomination of Merino Rams as Export Semen Donors, published by the Australian Association of Stud Merino Breeders Limited, as in force at February 2006.
Key Provisions
The Livestock Export (Merino) Orders (Amendment) 2006 under the Export Control Act 1982 focus on updating the export auction dates for the 2006 season of Merino rams. This amendment is achieved by incorporating the current edition of the Guidelines and Conditions for Export Sales and Nomination of Merino Rams as Export Semen Donors, published by the Australian Association of Stud Merino Breeders Limited (AASMB) in February 2006. The primary operative sections involved include Order 4, which amends the definitions of "designated export auction" and "National Register" to align with the 2006 season requirements, and Order 8, which updates suborders 8.2(a)(ii) and 8.2(b)(ii) based on the 2006 AASMB Guidelines.
The Act imposes specific obligations on the AASMB, the body appointed by the Australian Government to oversee all export auctions for Merino breeding rams. The AASMB is responsible for determining the auction dates and quota allocations through a consultative process with its state constituent bodies. This ensures that the export auction dates are set in a manner that is both transparent and reflective of the interests of all stakeholders involved in the export process. Additionally, the AASMB must ensure that the guidelines and conditions for export sales are adhered to, thereby maintaining the integrity of the export process.
Breaches of the provisions outlined in the Livestock Export (Merino) Orders may result in various consequences. While the specific civil or criminal penalties are not detailed within the Orders, the Export Control Act 1982 generally provides for enforcement actions against those who do not comply with the Act or the regulations made under it. These actions could include fines or other penalties as prescribed by law. The seriousness of the breach and the specific provisions violated would dictate the nature and extent of the penalties imposed. The enforcement of these provisions ensures that the export process for Merino rams is conducted in an orderly and regulated manner, protecting both the interests of the exporters and the integrity of the Australian livestock industry.