Order No. LC2/98 Amendment Orders 1998 (No. 1)

Overview

The Order No. LC2/98 Amendment Orders 1998 (No. 1), made by Kenneth Harry Matthews, the Secretary to the Department of Agriculture, Fisheries and Forestry, under section 17 of the Australian Meat and Livestock Industry Act 1997, was enacted to address specific issues within the export regulations for cattle. These orders, which commenced on gazettal, aim to amend the existing Order No. LC2/98 to refine the criteria for cattle export, particularly concerning their live weight. The policy objective is to ensure that exported cattle meet certain standards that are conducive to maintaining the integrity and quality of Australia's meat and livestock industry on the international market. The Australian Meat and Livestock Industry Act 1997 serves as the foundational statute, seeking to provide comprehensive regulation of the meat and livestock industry, including the export of cattle, to protect and enhance Australia's reputation in the global market.

Scope and Application

The Order No. LC2/98 Amendment Orders 1998 (No. 1) amends the Australian Meat and Livestock Industry (Export of Cattle) Orders 1998, establishing specific requirements for the export of cattle under the Australian Meat and Livestock Industry Act 1997. These orders apply to entities or individuals who are licensed to export cattle and are concerned with ensuring that the cattle meet certain weight restrictions before being exported. The scope of the legislation extends to all cattle exported under the authority granted by these orders, ensuring that they comply with the stipulated conditions to maintain the quality and safety of the exported livestock. The geographic reach of these orders is national, as they are applicable throughout Australia under the Commonwealth's legislative framework. There are no explicit exclusions or exemptions outlined in the orders, meaning that all cattle exported under a relevant license must adhere to the weight restrictions unless otherwise specified by the Secretary. The amendments introduced by this legislative instrument are intended to refine the criteria for cattle export, providing clarity and additional conditions that must be met by licensees.

Key Provisions

The main operative sections of the Order No. LC2/98 Amendment Orders 1998 (No. 1) pertain to the amendment of the Australian Meat and Livestock Industry (Export of Cattle) Orders 1998. Specifically, Section 3(1) amends the name of the orders to the "Australian Meat and Livestock Industry (Export of Cattle) Orders 1998," while Section 3(2) modifies the conditions for the export of cattle under a license. Paragraph 4(b) now stipulates that the licensee must ensure that the cattle are not over 500kg in individual live weight unless the Secretary provides written consent for cattle up to 550kg. These orders impose several obligations and requirements on the parties involved in the export of cattle. Primarily, any entity or individual holding a license for the export of cattle must adhere to the weight restrictions outlined in the amended Order. They must ensure that cattle exported do not exceed the specified weight limits unless they have received explicit permission from the Secretary. This requirement is critical for maintaining compliance with the regulations set forth by the Australian Meat and Livestock Industry Act 1997 and ensuring the welfare and quality standards of exported cattle. Breaches of the conditions set forth in these orders can result in significant consequences. If a licensee or any party fails to comply with the weight restrictions and other stipulations, they may be subject to penalties under the Act. Such penalties can include fines, cancellation of licenses, or other administrative actions deemed necessary by the Secretary. The specific penalties are not detailed in the legislative instrument, but they can be severe, reflecting the importance of adhering to these export regulations. Ensuring compliance helps maintain the integrity of the export process and protects the interests of both the industry and the cattle involved.