Livestock Export (Merino) Orders (Amendment) (No. 1 of 2009)

Overview

The Export Control Act 1982 was enacted to regulate the export of goods, services, and technology from Australia, aiming to address issues related to national security, foreign policy, and public interest. The Act provides the legislative framework for the Australian Government to control exports through the creation of regulations and orders. The Livestock Export (Merino) Orders (Amendment) was introduced to update the export auction dates for the 2009 merino export sales season by incorporating the current edition of the Guidelines and Conditions for Export Sales and Nomination of Merino Rams as Export Semen Donors into the Orders. This amendment was drafted by the Australian Government Department of Agriculture, Fisheries and Forestry in consultation with the Australian Association of Stud Merino Breeders Limited, which represents six state merino organisations and is responsible for overseeing all export auctions for merino breeding rams. The policy objective is to ensure that the export of merino breeding rams aligns with the national interests of Australia while providing a structured and regulated process for the industry.

Scope and Application

The Livestock Export (Merino) Orders (Amendment) is a legislative instrument that falls under the purview of the Export Control Act 1982. The primary 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, specifically the January 2009 edition, into the Orders. This amendment is designed to reflect the export auction dates for the 2009 merino export sales season. The Orders are crafted in consultation with the Australian Association of Stud Merino Breeders Limited, the national body representing six state merino organisations, which is responsible for overseeing all export auctions for merino breeding rams. This amendment is applicable to entities involved in the export of merino breeding rams and semen, specifically within the context of export auctions determined by the AASMB. The Orders extend across the Commonwealth of Australia, ensuring a uniform approach to the regulation of merino export auctions. There are no explicit exclusions or exemptions mentioned within the Orders, though they operate under the broader legislative framework of the Export Control Act 1982, which includes other regulations and subsidiary instruments that may influence the scope and application of these amendments.

Key Provisions

The Livestock Export (Merino) Orders (Amendment) primarily amend the definitions of “designated export auction” and “National Register” to reflect the 2009 merino export sales season (Order 4). 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, as published by the Australian Association of Stud Merino Breeders Limited (AASMB), as in force at January 2009. Furthermore, the Orders amend suborder 8.2 (a)(ii) and 8.2 (b)(ii) to update the provisions regarding the 2009 merino export sales season, again incorporating the January 2009 edition of the Guidelines (Order 8). These amendments ensure that the Orders align with the latest guidelines and conditions established by the AASMB. The obligations imposed by these Orders are primarily on the AASMB and its state constituent bodies. The AASMB is responsible for determining auction dates and quota allocations through a consultative process with its constituent bodies. This ensures that the export auctions for merino breeding rams are conducted in a manner that is fair and representative of the interests of all stakeholders. The Orders also require that the AASMB publish the Guidelines, which provide detailed information on the export process, including the nomination and sale of merino breeding rams. This transparency is essential for ensuring that all parties understand and comply with the requirements of the Orders. Breaches of the Livestock Export (Merino) Orders (Amendment) can result in civil or criminal penalties. Under section 26 of the Export Control Act 1982, a person who contravenes an Order may be liable to a civil penalty not exceeding the greater of three penalty units (currently AUD 630) or 50% of the value of the goods involved in the contravention. Additionally, serious breaches may be subject to criminal penalties, including fines of up to AUD 210,000 for individuals and AUD 1,050,000 for bodies corporate, as well as imprisonment for up to five years. These penalties are intended to deter non-compliance and ensure that the Orders are enforced effectively.