Livestock Export (Merino) Orders (Amendment) (No. 2 of 1994)

Overview

The Export Control (Orders) Regulations, specifically the Livestock Export (Merino) Orders (Amendment) No. 2 of 1994, were enacted to amend the Export Control (Orders) Regulations under the Export Control Act 1982. This legislation was introduced to address the need for tighter regulations on the export of merino livestock and related materials, responding to specific market demands and economic considerations. The regulations were made by Robert Lindsay Collins, the Minister for Primary Industries and Energy at the time, and they came into force on gazettal as per the Acts Interpretation Act 1901. The primary policy objective is to control and regulate the export of merino livestock, ensuring that exports are managed in a way that aligns with national economic and industry interests.

Scope and Application

The Export Control (Orders) Regulations, specifically the Livestock Export (Merino) Orders No. 2 of 1994, pertain to the export of Merino sheep, their reproductive material, and related products, with a primary focus on regulating and restricting their export outside of Australia, except for specific circumstances. This legislation applies to individuals and entities involved in the export of Merino sheep, including breeders, exporters, and other stakeholders in the livestock industry. The Orders are part of the broader Export Control Act 1982, which operates at the Commonwealth level, thereby having a national reach across Australia. Notably, the Orders prohibit the export of Merino rams, reproductive material, and Merino ewes, ova, and embryos, unless an exemption is granted by the Secretary. Exemptions may be granted for exports to New Zealand or for scientific research projects. Additionally, a specific exemption applies for the export of Merino sheep intended for slaughter in countries other than New Zealand, provided certain conditions are met, including the completion of a statutory declaration by the exporter. These Orders amend previous Livestock Export (Merino) Orders, with the changes taking effect upon gazette publication. The Orders are designed to control and manage the export of Merino sheep, ensuring compliance with Australian regulations and policies. Subordinate instruments and further regulations may extend or clarify the application of these Orders, thereby providing additional guidance and enforcement mechanisms within the legislative framework.

Key Provisions

The main operative sections of the Livestock Export (Merino) Orders (Amendment) No. 2 of 1994 (hereafter referred to as the Amendment) pertain to the prohibition of the export of merino sheep, reproductive material, and merino ewes, ova and embryos, with specific exceptions (Order 5). This is further clarified by Order 8, which provides exemptions from this prohibition under certain conditions. The Amendment modifies the definition of "consignment" (Order 4) and updates the circumstances under which an exemption can be granted (Order 8.2(d)). The Amendment imposes obligations on parties or entities involved in the export of merino sheep. Primarily, it requires that any intended export of merino sheep, reproductive material, or merino ewes, ova and embryos, except to New Zealand or for scientific research, be subject to the approval of the Secretary. The exporter must also comply with the statutory declaration requirements if they wish to export a merino for slaughter to a country other than New Zealand. This declaration must state the purpose of the export, specify the destination country, and include the purchase price of the merino. The Amendment also sets out the consequences for breaching the provisions of the Livestock Export (Merino) Orders. The Act does not explicitly state the penalties for contravening these Orders. However, in general, breaches of the Export Control Act 1982 may result in both civil and criminal penalties. Civil penalties can include fines, while criminal penalties can include imprisonment. The specific penalties would depend on the nature and severity of the breach, as well as any relevant case law or subsequent legislative changes.