Meat Export Control (Licences) Regulations (Amendment)

Legislation au C1972L00076 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1972 No.

 

REGULATIONS UNDER THE MEAT INDUSTRY ACT 1964-1969.*

WHEREAS it is provided by sub-section (1.) of section 29 of the Meat Industry Act 1964-1969 that, for the purpose of enabling the Australian Meat Board effectively to control the export, and the sale and distribution after export, of meat, the regulations may prohibit the export from Australia of meat by a person other than the Australian Meat Board unless—

(a) the person holds a licence granted, or to be deemed to be granted, under that section; and

(b) the export is in accordance with such conditions and restrictions as are prescribed:

AND WHERAS it is provided by sub-section (2.) of that section that regulations prescribing conditions or restrictions for the purposes of paragraph (b) of sub-section (1.) of section 29 of the Meat Industry Act 1964-1969 shall not be made unless the conditions or restrictions have been recommended to the Minister of State for Primary Industry by the Australian Meat Board:

AND WHEREAS the Australian Meat Board has recommended to the Minister of State for Primary Industry that the conditions and restrictions in accordance with which meat may be exported he the conditions and restrictions set out in the Meat Export Control (Licences) Regulations as amended by these Regulations:

NOW THEREFORE I, the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Meat Industry Act 1964-1969.

Dated this twenty-fifth day of May, 1972

Governor-General.

By His Excellency's Command,

Minister of State for Primary Industry.

 

Amendments of the Meat Export Control (Licences) Regulations†

Returns to be furnished in respect of meat exported.

1.—(1.) Regulation 12 of the Meat Export Control (Licences) Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulations:—

“(1.) In the next two succeeding sub-regulations—

(a) a reference to meat shall be read as including a reference to a meat product and edible offal; and

(b) a reference to a carton shall be read as including a reference to any other kind of container or package in which meat, a meat product or edible offal is packed for exportation.

 

* Notified in the Commonwealth Gazette on 1972.

† Statutory Rules 1961, No. 127, as amended by Statutory Rules 1967, No. 81 and 1969, No. 191.

12974/72—Price 5c 9/21.4.1972


“(1a.) Where a person, being a licensee, proposes to export meat on his own behalf or on behalf of another person, including another person who is also a licensee, he shall furnish a return of, and in relation to, that meat, in accordance with a form approved by the Board, setting out—

(a) the full name of the licensee;

(b) if he obtained the meat from another person—the full name of the person from whom the meat was obtained;

(c) the serial number of the Export Permit issued under regulation 36 of the Exports (Meat) Regulations in relation to the exportation of the meat;

(d) the full name of the person to whom the meat is to be exported;

(e) the vessel onto which the meal was, or is to be, loaded for exportation;

(f) the port at which, and the date on which, the meat was, or is to be, so loaded onto the vessel;

(g) the port of destination of the meat;

(h) the State in which the meat was produced; and

(j) such particulars of—

(i) the meat;

(ii) the cartons in which the meat is packed; and

(iii) the manner in which the meat is packed,

as he is required to give in accordance with the directions in the form.

“(1b.) The exportation of meat by a person on a vessel for carriage from a port in Australia to a port outside Australia shall not be taken to comply with the conditions and restrictions prescribed by the last preceding sub-regulation if the return furnished in respect of the meat contains particulars relating to the exportation of any other meat—

(a) by another person;

(b) on another vessel;

(c) from another port in Australia; or

(d) to another port outside Australia.”.

(2.) Regulation 12 of the Meat Export Control (Licences) Regulations is amended by omitting from paragraph (b) of sub-regulation (2.) the word “quadruplicate” and inserting in its stead the word “quintuplicate”.

The Schedule.

2. The Schedule to the Meat Export Control (Licences) Regulations is amended by omitting Form 4.

Printed by Authority by the Government Printer of the Commonwealth of Australia

Overview

The Statutory Rules 1972 No. 76, introduced under the Meat Industry Act 1964-1969, were enacted to address the need for stringent control over the export of meat from Australia, ensuring it is managed effectively by the Australian Meat Board. This legislative instrument was made by the Governor-General acting on the advice of the Federal Executive Council. The primary objective was to enforce stricter regulations on the export of meat, ensuring that only licensed entities could export meat and that exports were conducted under prescribed conditions and restrictions. This was intended to maintain the quality and integrity of Australian meat exports, as recommended by the Australian Meat Board to the Minister of State for Primary Industry.

Scope and Application

The Meat Industry Act 1964-1969 and its accompanying regulations, particularly those outlined in Statutory Rules 1972 No. 76, establish a regulatory framework governing the export of meat from Australia. This Act applies to any person or entity engaged in the export of meat, meat products, or edible offal from Australian ports to international destinations. The geographic scope of these regulations is national, as they pertain to all activities within Australia's jurisdiction. The Act mandates that only the Australian Meat Board, or persons holding a licence granted by the Board, may export meat, with exports subject to specified conditions and restrictions. These regulations extend to requiring detailed returns from licensees, encompassing information such as the exporter's identity, the meat's origin, the export permit details, and the vessel and ports involved in the exportation process. The regulations also detail the number of copies of the export return that must be provided, reflecting the meticulous oversight intended to ensure compliance with export controls. This regulatory framework is designed to prevent unauthorised exports and to maintain the quality and integrity of Australia's meat exports.

Key Provisions

The primary sections of these Regulations, under the Meat Industry Act 1964-1969, pertain to the export of meat by licensed entities. Specifically, Regulation 12 of the Meat Export Control (Licences) Regulations has been amended. This regulation now requires a licensee intending to export meat to furnish a return in accordance with an approved form, setting out detailed information about the meat, its source, the export permit, the vessel and port of loading and destination, and particulars of the meat and its packaging (Regulation 12(1a)). The return must be specific to the meat in question and not include information about any other meat exports (Regulation 12(1b)). Additionally, the number of copies required for the return has been changed from quadruplicate to quintuplicate (Regulation 12(2)), and Form 4 has been removed from the Schedule (Schedule). These Regulations impose several obligations on parties involved in the export of meat. Licensees must ensure that they provide a detailed and accurate return for each export of meat. This return must be completed in accordance with an approved form and must include all specified particulars about the meat and its export. Furthermore, the return must be specific to the meat and export details in question, and not include any information relating to other meat exports. These requirements are designed to ensure that the Australian Meat Board can effectively monitor and control meat exports. Failure to comply with these Regulations can result in civil and criminal consequences. For instance, not providing the required return or providing inaccurate information can be considered a breach of the conditions of the export licence. Such breaches can lead to the suspension or revocation of the export licence, fines, and other penalties as prescribed by the Meat Industry Act 1964-1969. The exact penalties are not specified in these Regulations but would be determined in accordance with the broader legislative framework under which they operate.

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