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 regulations made under the Act, 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 2008 season through incorporation of the current edition of the Guidelines and Conditions for Export Sales and Nomination of Merino Rams as Export Semen Donors (the Guidelines) 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 2008 merino export sales season
. through incorporation of the current edition of the Guidelines published by the Australian Association of Stud Merino Breeders Limited, as in force at January 2008.
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 2008 merino export sales season through incorporation of the January 2008 edition of the 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, enacted by the Parliament of Australia, was established to regulate the export of goods, services, and technology from Australia. One of the key issues this Act sought to address was the control and oversight of specific exports to ensure they align with national interests and international obligations. The Livestock Export (Merino) Orders (Amendment) is an example of how the Act is applied to a particular sector—in this case, the export of merino breeding rams. These Orders were amended to incorporate the Guidelines and Conditions for Export Sales and Nomination of Merino Rams as Export Semen Donors, as published by the Australian Association of Stud Merino Breeders Limited (AASMB) in January 2008. The amendments were drafted in consultation with the AASMB, which is responsible for determining auction dates and quota allocations for merino breeding ram exports. The policy objective behind these amendments is to ensure the export process for merino rams is managed efficiently and transparently, reflecting the current guidelines and maintaining the integrity of the export system.
Scope and Application
The Livestock Export (Merino) Orders (Amendment) under the Export Control Act 1982 applies to the export of Merino rams and semen, focusing on the establishment of export auction dates for the 2008 season. These Orders are pertinent to the Australian Association of Stud Merino Breeders Limited (AASMB) and its state constituent bodies, which are responsible for determining the auction dates and quota allocations through a consultative process. The amendments 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 January 2008, into the Orders. The Act's reach is effectively national as it pertains to the export activities governed by the Commonwealth of Australia. The Orders are subject to the Legislative Instruments Act 2003 and the Statutory Rules Publications Act 1903, which govern the manner in which these Orders are made under section 25 of the Export Control Act 1982. There are no stated exclusions, exemptions, or thresholds specifically detailed within the Orders themselves, although the broader scope of the Export Control Act 1982 may provide for such provisions in other contexts.
Key Provisions
The Livestock Export (Merino) Orders (Amendment) primarily concern the incorporation of the current edition of the Guidelines and Conditions for Export Sales and Nomination of Merino Rams as Export Semen Donors (referred to as the Guidelines) into the Orders for the 2008 export season (Order 4, Suborder 4.1; Order 8, Suborder 8.2 (a)(ii) and 8.2 (b)(ii)). These amendments update the definitions of “designated export auction” and “National Register” to reflect the export sales season of 2008, ensuring that the Orders align with the January 2008 edition of the Guidelines.
Under these Orders, the Australian Government Department of Agriculture, Fisheries and Forestry, in consultation with the Australian Association of Stud Merino Breeders Limited (AASMB), determines the auction dates and quota allocations for merino breeding ram exports. The AASMB, which represents six state merino organisations, is the body appointed to oversee all export auctions for merino breeding rams. It is tasked with setting auction dates and quota allocations through a consultative process with its state constituent bodies.
Entities and individuals governed by these Orders must adhere to the updated definitions and provisions set out in the Guidelines. This includes ensuring that export activities comply with the designated auction dates and quota allocations as determined by the AASMB. Furthermore, all parties must abide by the specific conditions and guidelines outlined in the incorporated Guidelines, which detail the process for nomination, export sales, and other related activities.
Failure to comply with the provisions of these Orders can result in civil or criminal consequences. The Act does not specify the exact nature of the penalties within the text provided; however, breaches of export regulations typically attract fines and potential imprisonment under Australian law. The maximum penalties for such offences can vary, but they often include substantial fines and/or imprisonment for serious or repeated breaches. The precise penalties would be determined by the relevant court based on the nature and severity of the offence.